S05E01: Bridging History and Today: Religion, Law, and Indigenous Influences in American Democracy with Winnifred Fallers Sullivan

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Introduction

We begin this episode with a land acknowledgement.

In this episode of the Mapping the Doctrine of Discovery podcast, hosts Phil Arnold and Sandy Bigtree interview Winnifred Fallers Sullivan, a scholar of religion and law. Sullivan discusses her work at the Center for Religion and the Human at Indiana University, which aims to teach religion in a public and accessible way. She also explores the history of religion and law in the United States, highlighting the shifting role of religion in the Constitution and the challenges of defining religion in a legal context. The hosts also discuss the influence of Indigenous nations, such as the Haudenosaunee Confederacy, on American democracy and the need to re-narrate the history of America to include these influences.

Show Notes

In our latest podcast episode, we delve deep into the rich tapestry of American democracy, examining the intertwining threads of religion, law, and indigenous influences. Featuring an insightful conversation with Winifred Sullivan, a distinguished professor at Indiana University, this episode promises a comprehensive exploration of how these elements have shaped, and continue to shape, the United States.

Public universities have long been recognized as crucibles of inclusive dialogue, particularly concerning religion and its intersection with contemporary issues. Winifred Sullivan’s role at the Center for Religion and the Human exemplifies this. The Center is a hub for collaborative projects addressing pressing global concerns such as climate change, political conflicts, and technological advancements. Sullivan emphasizes the importance of these institutions in fostering robust discussions on religion, highlighting their unique position to engage diverse voices and perspectives.

The journey through the history of religious freedom in the United States is both intricate and enlightening. The narrative begins with the inception of the Constitution, which initially did not explicitly guarantee citizen rights. This oversight necessitated the inclusion of the Bill of Rights for the Constitution’s ratification. James Madison’s evolving views on federal power and citizen rights underscore this period, culminating in the Reconstruction Amendments post-Civil War. The 20th-century incorporation doctrine further transformed state governance, nationalizing issues of religion previously managed on a state-by-state basis. This legal evolution is closely tied to America’s religious diversity, as evidenced by landmark cases like Johnson v. McIntosh, which embedded the doctrine of discovery into U.S. law without overt religious references.

Indigenous influences on Western democratic models are profound, particularly the contributions of the Haudenosaunee Confederacy. The early recognition of Native American nations and their governance structures significantly shaped treaties and the foundational aspects of American democracy. This recognition resonates in today’s interpretation of religion in public life. The episode reflects on the tragic self-immolation of Aaron Bushnell, exploring his motivations and the broader societal reactions to such radical expressions of dissent. This poignant event underscores the complex interplay between personal conviction, legal structures, and societal norms.

Joan of Arc’s political theology offers another fascinating dimension to our exploration. Her role before the establishment of the modern state, her strategic mind, and the support she garnered are examined in depth. Joan sought peace for the people of French territories, striving beyond mere nationalism. Her legacy, often surrounded by myth-making, provides valuable insights into the historical and political dimensions of governance. The episode also highlights the Smithsonian’s “Voices and Votes” exhibit, which showcases the significant yet often overlooked contributions of the Haudenosaunee to American democracy.

Winifred Sullivan’s expertise bridges historical insights with contemporary relevance, offering listeners a nuanced understanding of the intersection of faith, law, and indigenous influences. Public universities, as discussed, play a crucial role in fostering these important dialogues. The Center for Religion and the Human at Indiana University, supported by the Henry Luce Foundation, is a testament to this endeavor. The Center’s projects, rooted in collaboration, bring together diverse voices to address the multifaceted challenges of our time.

The episode’s detailed exploration of the U.S. legal history, from the Constitution’s inception to contemporary interpretations of religious freedom, provides a comprehensive understanding of the country’s legal and religious landscape.

Resources

• Philip P. Arnold and Sandra Bigtree, “Ten Religious Themes of the Doctrine of Christian Discovery (DoCD) that Contrast with Indigenous Values,” Doctrine of Discovery Project (26 September 2022), https://doctrineofdiscovery.org/10-religous-dimensions/.

• Philip P. Arnold, The Urgency of Indigenous Values, (Syracuse: SU Press, 2023), https://press.syr.edu/supressbooks/5835/urgency-of- Indigenous-values-the/

• Winnifred Fallers Sullivan

  • Paying the Words Extra: Religious Discourse in the Supreme Court of the United States (Harvard 1994)
  • The Impossibility of Religious Freedom (Princeton 2005)
  • Prison Religion: Faith-based Reform and the Constitution (Princeton 2009)
  • A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law (Chicago 2014),
  • Ekklesia: Three Inquiries in Church and State (with Paul Johnson and Pamela Klassen) (Chicago 2018),
  • Church State Corporation: Construing Religion in US Law (Chicago 2020)
  • The Abyss, or Life is Simple (with Courtney Bender, Jeremy Biles, Liane Carlson, Joshua Dubler, Hannah C. Garvey, M. Cooper Harriss, and Erik Thorstensen) (Chicago 2022).
  • Co-Edited Volumes
    • After Secular Law (Stanford 2011), 
    • Varieties of Religious Establishment (Ashgate 2013), 
    • Politics of Religious Freedom (Chicago 2015), 
    • Theologies of American Exceptionalism (Indiana 2020),
    • At Home and Abroad: The Politics of American Religion (Columbia 2021).

Credits

• Music: Onondaga Social Dance songs performed by Orris Edwards and Regis Cook
• Producers: Jordan Loewen-Colón and Adam DJ Brett
• Show notes: Adam DJ Brett

Citation

Philip P. Arnold and Sandra Bigtree, “S05E01: Bridging History and Today: Religion, Law, and Indigenous Influences in American Democracy with Winnifred Fallers Sullivan,” Mapping the Doctrine of Discovery (Podcast), August 26, 2024. https://podcast.doctrineofdiscovery.org/season5/episode-01/.