Professor McGarvie is considered one of our leading authorities on the separation of church and state. His ground-breaking thesis articulated in 2004 with the publication of One Nation Under Law has gained tremendous support and led to invitations to write successor volumes and essays for both Oxford and Cambridge University Presses and to speak on the subject across the country.

In this presentation, Professor McGarvie will explain how the separation of church and state resulted from the Founders’ creation of a private sector through the contract clause of the Constitution. Contract law revolutionized the relationships between citizens and their governments. Placing religion in the private sector required its separation from government and the removal of churches from performing public functions in education, poor relief, and record keeping, for which they had responsibility in the colonial era.