Philip Hamburger
Encyclopedia
Philip Hamburger is an American legal scholar.
Hamburger is the Maurice and Hilda Friedman Professor of Law at the Columbia University School of Law. He is a legal historian and a scholar of constitutional law. Before moving to Columbia, Hamburger was John P. Wilson Professor at the University of Chicago Law School
, where he was also Director of the Bigelow Program and the Legal History Program. He was previously Oswald Symyster Colclough Research Professor at George Washington University Law School and, before that, he taught at the University of Connecticut Law School. He has been a Visiting Professor at the University of Virginia
Law School and was the Jack N. Pritzker Distinguished Visiting Professor of Law at Northwestern Law School. Early in his career, he was an Associate at the law firm of Schnader, Harrison, Segal & Lewis LLP in Philadelphia.
Hamburger holds a Juris Doctor
from Yale Law School
(1982) and a Bachelor of Arts
from Princeton University
(1979).
who "made a valuable contribution to our knowledge of Jefferson's thinking and actions with respect to matters of church and state". He is known for arguing that “the First Amendment, originally thought to limit the government, has been increasingly interpreted by the Court to mean limiting religion and confining it to the private sphere.”
Justice Hugo Black
, who served on the Supreme Court 1937 to 1971, came under attack from Hamburger who argues that his views on the need for separation of Church and State were deeply tainted by his membership in the Ku Klux Klan, a vehemently anti-Catholic organization. Hamburger relies on Black's biographers who say he was a KKK member and actively campaigned for Senate in 1926 at nearly all of Alabama's 148 KKK Klaverns, where he attacked the Catholic Church. Biographer Newman quotes his campaign manager as saying Black "could make the best anti-Catholic speech you ever heard."
Hamburger is the Maurice and Hilda Friedman Professor of Law at the Columbia University School of Law. He is a legal historian and a scholar of constitutional law. Before moving to Columbia, Hamburger was John P. Wilson Professor at the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
, where he was also Director of the Bigelow Program and the Legal History Program. He was previously Oswald Symyster Colclough Research Professor at George Washington University Law School and, before that, he taught at the University of Connecticut Law School. He has been a Visiting Professor at the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
Law School and was the Jack N. Pritzker Distinguished Visiting Professor of Law at Northwestern Law School. Early in his career, he was an Associate at the law firm of Schnader, Harrison, Segal & Lewis LLP in Philadelphia.
Hamburger holds a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
(1982) and a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
(1979).
First Amendment
Hamburger is a "revisionist" and a "leading student" of the First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
who "made a valuable contribution to our knowledge of Jefferson's thinking and actions with respect to matters of church and state". He is known for arguing that “the First Amendment, originally thought to limit the government, has been increasingly interpreted by the Court to mean limiting religion and confining it to the private sphere.”
Justice Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, who served on the Supreme Court 1937 to 1971, came under attack from Hamburger who argues that his views on the need for separation of Church and State were deeply tainted by his membership in the Ku Klux Klan, a vehemently anti-Catholic organization. Hamburger relies on Black's biographers who say he was a KKK member and actively campaigned for Senate in 1926 at nearly all of Alabama's 148 KKK Klaverns, where he attacked the Catholic Church. Biographer Newman quotes his campaign manager as saying Black "could make the best anti-Catholic speech you ever heard."
Publications
- "Beyond Protection," Columbia Law Review (2009)
- Law and Judicial Duty (Harvard University PressHarvard University PressHarvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
, 2008) - Separation of Church and State (Harvard University PressHarvard University PressHarvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
, 2002) - "Religious Liberty in Philadelphia," Emory Law Journal (2005)
- "The New Censorship: Institutional Review Boards," Supreme Court Review (2004)
- Separation of Church and State (Harvard U.P,. 2004) excerpt and text search
- "More is Less," Virginia Law Review (2004)
- "Law and Judicial Duty," George Washington Law Review (2003)
- "Liberality," Texas Law Review (2002)
- "Revolution and Judicial Review: Chief Justice Holt's Opinion in City of London v. Wood," Columbia Law Review (1994).
Further reading
- Peter Steinfels, "Beliefs; Behind the concept of the separation of church and state, a scholar finds some unsettling origins," New York Times, July 6, 2002