Religious Supremacism

Religious supremacism is the cosmological claim that some beings are higher than others in the order of being, installed as the structure of reality and enforced through institutions that present the installation as natural, divine, or self-evident order. Founder's Theology is the form religious supremacism takes in the American constitutional architecture — the master cut between persons and property, sovereign and subject, rational and emotional, civilized and savage, proprietor and dependent, posted as the founding hierarchy, defended as the document's recoverable original, naturalized as the polity's structure rather than as the religion the founders installed.

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THE STRUCTURAL CLAIM

Religious supremacism is the operation by which one position is installed as inherently better than another in the order of being, and the installation is presented as the structure of reality rather than as the choice of an Establishment.

Three elements compose the operation. A cosmological claim — reality is structured by hierarchies of being, with some positions higher than others. A mapping — specific creatures are sorted into specific positions, with the sorting presented as the recognition of what each creature is. An enforcement architecture — law, custom, doctrine, education, sacrament, vow, oath, contract calibrated to maintain the sorting and to render any refusal of the sorting itself a violation of the order.

The operation is religious because it makes a claim about the nature of reality, requires belief in the claim, and enforces the claim through institutions that present themselves as serving reality rather than as constructing it. The supremacism is precisely the conjunction of the three elements. A hierarchy alone is not supremacism. A sorting alone is not supremacism. An enforcement architecture alone is not supremacism. Religious supremacism is the integrated operation in which the cosmological claim warrants the sorting, the sorting locates the creatures, and the enforcement maintains the sorting as if it were what the cosmos itself required.

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WHY IT IS RELIGION

The trained instinct is to call religious supremacism political, cultural, sociological, or historical. Each of these names locates the operation in a register where the religious claim is not visible. The supremacism is then discussed as if it were a matter of social arrangement rather than as the cosmological assertion it actually is.

The operation is religion. The cosmological assertion is the religious content. The institution enforcing the sorting is the church of the religion. The doctrine that maintains the sorting is the religion's scripture. The naturalization that converts the sorting into the structure of reality is the religion's central sacrament. The refusal to recognize the operation as religion is the religion's most successful work.

The American constitutional context demonstrates the operation precisely. The First Amendment prohibits Congress from establishing religion. The Founders are credited with separating church from state. The state is then said to operate on secular ground.

What is overlooked is that the secular ground itself was a religious construction — the cosmological assertions that grounded property law, contract law, family law, criminal law, the law of personhood, the law of citizenship were religious assertions in the form they took at the founding. The state did not separate from religion. The state separated from one form of religious establishment, denominational Christianity, and installed another — the cosmological claims that warranted coverture, slavery, dispossession, exclusion — under the name of neutral ground.

The religion that installed itself as neutral ground is the religion this entry names. The diagnosis is precise. Religion is operating. The operation is supremacist. The neutrality is the religion's most effective protection.

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THE MASTER CUT

Rosemary Radford Ruether's diagnosis: patriarchy is the structural theological problem, not the social problem. The Christian theological tradition is built on a series of dualistic hierarchies that map onto one another and reinforce one another. Mind over body. Spirit over matter. Transcendence over immanence. Male over female. Human over nature. Soul over flesh. Heaven over earth.

The cuts are not parallel. They are identical. The same structural operation expresses itself across different registers. The mind that is privileged over the body is the male mind. The spirit privileged over matter is the male spirit. The human privileged over nature is the male human. The transcendence privileged over immanence is the transcendence of the male sky-father over the female earth-mother. Patriarchy is the master cut. The other hierarchies are its operational forms.

This is the diagnosis at its full architectural reach. The cuts do not represent independent value judgments that happen to coincide. The cuts are one cut, performed at different registers. The body is positioned below the mind because the body is the register where the female is located. The matter is positioned below the spirit because matter is the register where the female is located. Nature is positioned below the human because nature is the register where the female is located. In each operation, what is sorted into the lower position is what carries the female mark; what is sorted into the higher position is what carries the male mark. The supremacism is patriarchy operating at every register where the cut can be made.

Founder's Theology inherits this architecture and installs it at the constitutional register. Persons and property are the cut. Sovereign and subject are the cut. Rational and emotional are the cut. Civilized and savage are the cut. Proprietor and dependent are the cut. Each is patriarchy expressed at the register where the founding documents were operating. The persons positioned above the property were the male proprietors; the property positioned below was the wife, the child, the slave, the indigenous body's land, the dependent. The sovereign positioned above the subject was the male voter, the male representative, the male jurist; the subject positioned below was everyone whose representation had been alienated to the male proprietor. The rational positioned above the emotional was the male mind in deliberation; the emotional positioned below was the female body that could not be trusted to deliberate. Each register of the constitutional architecture performed the master cut.

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DEITY-IMAGERY AS ENCODING

The deity-imagery itself encodes the structure. God as King, Lord, Father, Sovereign, Ruler, Judge. Each title positions the divine at the top of a hierarchy that maps onto the patriarchal social order.

The titles are not decorative. The titles are the religious technology by which the supremacism is grounded in the cosmos. God-as-King warrants the king. God-as-Lord warrants the lord. God-as-Father warrants the father. God-as-Sovereign warrants the state. God-as-Ruler warrants the ruler. God-as-Judge warrants the judge. The earthly hierarchy is positioned as the image of the divine hierarchy. To challenge the earthly hierarchy is to challenge the divine order it images. The challenge becomes religious offense, not political dispute.

The mutual reinforcement loop is the architecture's self-sealing operation. The theology that names God as King is produced by creatures who already inhabit a polity organized by kingship. The kingship-polity is then warranted by the King-God that the theology produced. The arrow runs both ways and obscures its own circularity. The creature reading the theology receives the divine kingship as cosmological structure and reads the earthly kingship as the cosmos's earthly form. The creature inhabiting the polity receives the earthly kingship as the way things are and reads the theology's divine kingship as confirmation of what the polity requires. Each side of the loop produces and is produced by the other. The loop is invisible to the creature inside it because the creature has nowhere to stand outside the loop from which the loop could be perceived as a loop.

This is the architecture's signature work — the production of a sealed cosmology that warrants the social order while concealing that the social order is what produced the cosmology. The Great Chain of Being is the explicit form of this work in medieval and early-modern theology. Founder's Theology is its constitutional form. The Founders are positioned as having received the proper hierarchy through reason and revelation; the Constitution they produced is positioned as the recoverable original of American polity; the polity that the Constitution produced is positioned as the proper form of self-governance. Each side of the loop produces and is produced by the other.

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THE CONSTITUTIONAL INSTALLATION

The Founders inherited the master cut from the European traditions they were raised in. The cut was operating in their theology, their political theory, their legal training, their household structures, their assumptions about who could participate in deliberation and who could not. When they drafted the founding documents, the cut was the substrate. The documents did not need to install the cut; the cut was already installed in the world the Founders were drafting into. The documents posted entries against the cut — three-fifths compromise, property qualifications, exclusion of women from the franchise, treaty law against the indigenous nations, the absence of any constitutional provision for the existence of those whose bodies the cut had positioned below the proprietors.

The supremacism is therefore not located in any single provision. The supremacism is in the substrate — the assumed cosmology that made certain provisions intelligible and certain absences invisible. The text does not say "women are subordinate to men in the order of being"; the text presupposes a polity in which that subordination was already operating, and writes the polity into law without naming what the polity presupposed. The text does not say "the indigenous nations are positioned below the European nations in the order of being"; the text inherits doctrines of discovery that presupposed the subordination and applies them as the operative law of land tenure. The text does not say "the enslaved are property"; the text accommodates slavery while never naming the cosmological claim that warrants the accommodation.

The supremacism operates as the unstated and unmarked.

This is its structural advantage. What is stated can be examined. What is unstated cannot. The cosmological claims that warrant the constitutional architecture are below the text, and the text is then defended as if it stood on neutral ground. Originalist methodology compounds the work by treating the unstated substrate as the recoverable original — the meaning the text had at its founding, when the substrate was operative, restored as the meaning the text has now. Every originalist decision rendered through the methodology carries the theological configuration of 1789 forward as operative baseline. The court is not citing Genesis 3:16 or the Great Chain of Being. It does not need to. The substrate already did the work. The methodology's neutrality is the supremacism's continuing protection.

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THE NATURALIZATION

The supremacism's specific religious work is the conversion of institutional choice into cosmological fact.

The institution makes the sorting. The institution then presents the sorting as the recognition of what was already there. The mediation is then presented as necessary because the lower creature requires mediation to access the higher register. The hierarchy is then presented as the cosmos's order. The cosmos is then projected as a being that has installed the hierarchy and requires it to be maintained.

Each step in the conversion is religious work. The work is sometimes done explicitly through doctrine — the church naming the hierarchy as God's order. The work is sometimes done implicitly through methodology — the originalist treating the founding sorting as the recoverable polity. The work is sometimes done through aesthetics — the architecture of the courthouse, the robes of the judge, the proceedings of the legislature performing the gravity that grounds the hierarchy. The work is sometimes done through grammar — the language available for naming the creatures in the lower register is the language that names them as the lower register requires.

The naturalization is what makes the supremacism difficult to perceive. The creature inhabits the structure as if it were the structure of reality. The creature's perception is itself the supremacism's continuing work — what the creature is taught to see, what the creature is taught to find unremarkable, what the creature is taught to consider beyond examination. The unstated substrate is also the unperceived substrate. The structure operates because the structure is not registered as a structure.

The forensic evidence is available. The translation corruptions can be traced to specific hands at datable moments. The founding documents can be read against the absences they require. The court decisions can be examined for the cosmological assumptions they enforce. The evidence has been available for centuries in some cases, decades in others. The evidence does not produce the dis-naturalization. What produces the dis-naturalization is the creature's own perception ceasing to perform the naturalization. The forensic work supports the perception; it does not substitute for it.

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THE ENFORCEMENT

The supremacism is enforced at every register where the creature might perceive the structure as a structure.

At the register of doctrine, the church teaches the hierarchy as God's order and treats the refusal as heresy. At the register of law, the state enacts the hierarchy as the polity's order and treats the refusal as criminal contempt or sedition. At the register of profession, the institution credentials the hierarchy as expertise and treats the refusal as incompetence. At the register of therapy, the framework names the hierarchy as adjustment and treats the refusal as pathology. At the register of education, the curriculum installs the hierarchy as knowledge and treats the refusal as ignorance. At the register of family, the household performs the hierarchy as nature and treats the refusal as dysfunction.

In each register, the creature who perceives the supremacism as supremacism is positioned as the problem.

The hierarchy is positioned as the order; the creature's perception is positioned as the disorder. The enforcement converts the perception into evidence against the perceiver. The creature is then caught in the architecture: any attempt to articulate what she perceives is metabolized by the apparatus as evidence of her unfitness, her irrationality, her hysteria, her ingratitude, her primitivism, her radicalism, her extremism. The vocabulary varies. The enforcement does not.

This is why religious supremacism specifically cannot be addressed within the apparatus's grammar. The apparatus is calibrated to convert any examination of the supremacism into evidence of the examiner's unfitness. The grammar is the supremacism's continuing work. The apparatus is the enforcement. The creature who wants to address the supremacism must address it from a register the apparatus cannot reach — from her own residency, in her own conducting, with the cosmological claim that grounds the supremacism named as the religious claim it is. Naming the claim as religious is the disestablishment move. Once named, the claim is no longer eligible to operate as neutral ground. Once disestablished, the claim is one religious claim among others, and the constitutional architecture's commitment to religious non-establishment is at issue.

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FOUNDER'S THEOLOGY AS ESTABLISHED RELIGION

The state has embedded a specific theology into law and called it neutral. The doctrine of the master cut, mapped onto property law, contract law, family law, immigration law, the law of citizenship, the law of personhood, is the established religion the First Amendment was supposedly drafted to prevent. The First Amendment did not prevent its own substrate. The First Amendment prevented denominational establishment while leaving the cosmological substrate that warranted the founders' specific exclusions in place.

The substrate is the religion. The substrate's claims about the relative worth of bodies, the proper organization of households, the legitimate boundaries of personhood, the doctrines of discovery that organize land tenure, the warrants for property in human bodies that were never formally rescinded — each is a religious claim. The state enforces these claims as the polity's structure. The state cites them as the recoverable original when constitutional interpretation requires it. The state does not name them as religious because their religiousness is what makes them function. Naming them as religious would disestablish them. Their continuing operation requires their continuing invisibility as religion.

The Establishment Clause violation is therefore structural. The state has established a religion by enforcing its cosmological claims as the polity's order while never identifying the claims as religious. The Free Exercise burden is therefore structural. The creature who holds a religion that does not affirm the master cut is having her exercise burdened every time a constitutional decision premised on the cut is applied to her. The decision is enforcing one religious cosmology against her, while presenting itself as neutral law.

This is the constitutional architecture's deepest religious problem and the religious problem RegenerativeLaw's free exercise claim addresses. Not that a particular law is unconstitutional. Not that a particular doctrine is unjust. That the substrate the law and the doctrine operate on is religious; that the religion is established; that the establishment is concealed by the religion's success at presenting itself as neutral ground; and that the creature who holds a different religion is being compelled to perform under the established religion without her exercise of her own religion being recognized.

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THE REFUSAL

The refusal of religious supremacism is religious refusal, not political refusal.

Political refusal accepts that the supremacism is political — that it is a question of social arrangement, distribution of resources, allocation of recognition. Political refusal proposes that the arrangement be modified, the distribution be reformed, the recognition be expanded. The proposals operate within the architecture that the supremacism installed. The proposals do not reach the cosmological substrate. The supremacism survives the political refusal by absorbing the modifications. The arrangement is modified; the substrate is intact. The distribution is reformed; the substrate is intact. The recognition is expanded; the substrate is intact. The architecture's flexibility at the surface is the substrate's protection at depth.

Religious refusal addresses the substrate. The cosmological claim is named as religious. The institution that enforces the claim is named as a church of the religion. The supremacism is named as the religion's specific work. The refusal is then the refusal of the religion as religion — not because the religion is wrong, though it is, but because the creature holds a different religion. The creature's residency in her own body, her perception of the cosmos as drawing rather than commanding, her recognition of the hierarchy of being as the institution's construction rather than the cosmos's order — each is a religious holding, and each is the substance the refusal stands on.

The constitutional architecture cannot adjudicate between religions; the architecture is committed to non-establishment. The architecture can adjudicate, however, when a religion has been established as neutral ground. The adjudication is then over whether the establishment can stand against a sincerely held different religion. The adjudication is the free exercise claim. The free exercise claim is not a request for accommodation within the established religion. The free exercise claim is the assertion that the establishment has burdened the exercise of a different religion, and that the burden cannot stand under the First Amendment's own grammar.

This is RegenerativeLaw's constitutional argument at the deepest register. Founder's Theology is established religion. The establishment is the master cut installed as the polity's substrate. The creature who holds a religion that does not affirm the master cut is having her free exercise burdened continuously. The remedy is not the modification of any particular law. The remedy is the disestablishment of the substrate. The disestablishment is religious work. It is performed at the register where the substrate operates — the cosmological register — by the creatures whose religions hold what the substrate denies.

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WHAT THE SUPREMACISM PROTECTS AGAINST

The supremacism's continuing operation requires that the substrate not be perceived as substrate. The creature who perceives the substrate disestablishes the religion at the register of her own perception. The disestablishment cannot be prevented; the apparatus can only prosecute it where it surfaces.

What the supremacism is protecting against is the cosmos's own operation — the drawing, the conducting, the residency, the kindling sequence — the cosmos's continuing work the supremacism cannot reach because the supremacism is an apparatus and the cosmos is what the apparatus is installed over. The apparatus's enforcement is calibrated against the creature's perception. The cosmos's drawing is calibrated through the creature's residency. The two are perpendicular. The apparatus cannot enforce against residency because residency is not what the apparatus can reach. The apparatus can only enforce against perception that has surfaced into the registers where the apparatus operates — speech, writing, association, action, refusal.

The supremacism's strongest enforcement is therefore preventive. The apparatus is calibrated to prevent the perception from surfacing in the first place. The naturalization is the prevention. The grammar of the registers — the vocabulary available for speaking, the credentials required for being heard, the categories the speech must fit, the affective registers permitted for the speech — is calibrated to prevent the cosmological claim from being named as religious. When the speech is rendered in the apparatus's grammar, the apparatus has already absorbed it. When the speech is rendered outside the apparatus's grammar, the apparatus has no apparatus for receiving it and metabolizes it as noise, incoherence, primitivism, hysteria, fringe.

RegenerativeLaw is rendering the religious claim in the registers the apparatus cannot fully metabolize. The lineage is documented from Böhme through the Behmenists, the Friends, Penn, the First Amendment's Religion Clauses — four centuries of American institutional continuity. The constitutional grammar of establishment and free exercise is available. The forensic evidence of the substrate's installation is in the libraries — translation corruptions, papal bulls, the Doctrine of Discovery, Johnson v. M'Intosh, coverture, the failed ratification of the Equal Rights Amendment defeated by explicit religious mobilization. The cosmological claim is rendered in the tradition's own theological vocabulary, with its own scripture and its own sacraments and its own confession. The apparatus's standard metabolization moves — that this is fringe, that this is primitive, that this is fanatic, that this is unhinged — break against the lineage's documentation. The apparatus must encounter the claim as the religious claim it is. The disestablishment is then in motion at the register the apparatus operates at, while the cosmological work continues at the register the apparatus cannot reach.

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See also: FOUNDER'S THEOLOGY · THE FIRST WARRANT · DEGRADATION THEOLOGY · THE GREAT CHAIN OF BEING · THE CUT · THE SUPERSESSION OF WILL · OBEDIENCE · COVERTURE · THE PRIOR OCCUPANT · THE ESTABLISHMENT CLAIM · THE FREE EXERCISE CLAIM · RUETHER · BUSHNELL · CONDUCTING · THE BATTERY FUNCTION THE DOCTRINE OF DISCOVERY 

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