Church, State, and Original Intent

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521119189
Total Pages : 383 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Church, State, and Original Intent by : Donald L. Drakeman

Download or read book Church, State, and Original Intent written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2010 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

Original Intent

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Author :
Publisher : Wallbuilder Press
ISBN 13 : 9781932225266
Total Pages : 548 pages
Book Rating : 4.2/5 (252 download)

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Book Synopsis Original Intent by : David Barton

Download or read book Original Intent written by David Barton and published by Wallbuilder Press. This book was released on 2000-03 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.

Original Intent

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Author :
Publisher : Promtheus
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Original Intent by : Derek Davis

Download or read book Original Intent written by Derek Davis and published by Promtheus. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summarizes the views of the Chief Justice, and looks at the role of original intent in constitutional law.

Original Intent and the Framers' Constitution

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Author :
Publisher : Ivan R. Dee
ISBN 13 : 1461730287
Total Pages : 545 pages
Book Rating : 4.4/5 (617 download)

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Book Synopsis Original Intent and the Framers' Constitution by : Leonard W. Levy

Download or read book Original Intent and the Framers' Constitution written by Leonard W. Levy and published by Ivan R. Dee. This book was released on 2000-08-15 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.

Church and State in American History

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Author :
Publisher :
ISBN 13 : 9780367077310
Total Pages : 554 pages
Book Rating : 4.0/5 (773 download)

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Book Synopsis Church and State in American History by : John Wilson

Download or read book Church and State in American History written by John Wilson and published by . This book was released on 2019 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Church and State in American History illuminates the complex relationships among the political and religious authority structures of American society, and illustrates why church-state issues have remained controversial since our nation's founding. It has been in classroom use for over 50 years. John Wilson and Donald Drakeman explore the notion of America as "One Nation Under God" by examining the ongoing debate over the relationship of church and state in the United States. Prayers and religious symbols in schools and other public spaces, school vouchers and tax support for faith-based social initiatives continue to be controversial, as are arguments among advocates of pro-choice and pro-life positions. The updated 4th edition includes selections from colonial charters, Supreme Court decisions, and federal legislation, along with contemporary commentary and incisive interpretations by modern scholars. Figures as divergent as John Winthrop, Anne Hutchinson, James Madison, John F. Kennedy, and Sandra Day O'Connor speak from these pages, as do Robert Bellah, Clarence Thomas, and Ruth Bader Ginsberg. The continuing public and scholarly interest in this field, as well as a significant evolution in the Supreme Court's church-state jurisprudence, renders this timely re-edition as essential reading for students of law, American History, Religion, and Politics.

Original Intentions

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Author :
Publisher :
ISBN 13 : 9780820315218
Total Pages : 165 pages
Book Rating : 4.3/5 (152 download)

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Book Synopsis Original Intentions by : Melvin Eustace Bradford

Download or read book Original Intentions written by Melvin Eustace Bradford and published by . This book was released on 1993 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.

The Establishment Clause

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Author :
Publisher : UNC Press Books
ISBN 13 : 146962043X
Total Pages : 300 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis The Establishment Clause by : Leonard W. Levy

Download or read book The Establishment Clause written by Leonard W. Levy and published by UNC Press Books. This book was released on 2017-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.

Separation of Church & State

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Author :
Publisher : Wallbuilder Press
ISBN 13 : 9781932225419
Total Pages : 0 pages
Book Rating : 4.2/5 (254 download)

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Book Synopsis Separation of Church & State by : David Barton

Download or read book Separation of Church & State written by David Barton and published by Wallbuilder Press. This book was released on 2007-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first amendment of the U.S. Constitution is discussed in regard to the intent of the Founding Fathers.

The Separation of Church and State

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Author :
Publisher : The Rosen Publishing Group, Inc
ISBN 13 : 1477775099
Total Pages : 114 pages
Book Rating : 4.4/5 (777 download)

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Book Synopsis The Separation of Church and State by : Jason Porterfield

Download or read book The Separation of Church and State written by Jason Porterfield and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having disassociated themselves from an oppressive government with a strong central religion, the Founding Fathers of the United States acknowledged the freedom to practice one's religion when writing the nation's constitution. Subsequent constitutional amendments further drew a line between the ecumenical and the secular. Detailed descriptions of Supreme Court cases on the topic offer readers a clearer understanding of the original intent behind separating church and state, as well as how interpretations of such matters have impacted U.S. legislation.

Church, State and Public Justice

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Author :
Publisher : InterVarsity Press
ISBN 13 : 0830874747
Total Pages : pages
Book Rating : 4.8/5 (38 download)

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Book Synopsis Church, State and Public Justice by : P. C. Kemeny

Download or read book Church, State and Public Justice written by P. C. Kemeny and published by InterVarsity Press. This book was released on 2009-09-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abortion. Physician-assisted suicide. Same-sex marriages. Embryonic stem-cell research. Poverty. Crime. What is a faithful Christian response? The God of the Bible is unquestionably a God of justice. Yet Christians have had their differences as to how human government and the church should bring about a just social order. Although Christians share many deep and significant theological convictions, differences that threaten to divide them have often surrounded the matter of how the church collectively and Christians individually ought to engage the public square. What is the mission of the church? What is the purpose of human government? How ought they to be related to each other? How should social injustice be redressed? The five noted contributors to this volume answer these questions from within their distinctive Christian theological traditions, as well as responding to the other four positions. Through the presentations and ensuing dialogue we come to see more clearly what the differences are, where their positions overlap and why they diverge. The contributors and the positions taken include Clarke E. Cochran: A Catholic Perspective Derek H. Davis: A Classical Separation Perspective Ronald J. Sider: An Anabaptist Perspective Corwin F. Smidt: A Principled Pluralist Perspective J. Philip Wogaman: A Social Justice Perspective This book will be instructive for anyone seeking to grasp the major Christian alternatives and desiring to pursue a faithful corporate and individual response to the social issues that face us.

Roger Williams and the Creation of the American Soul

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Author :
Publisher : Penguin
ISBN 13 : 1101554266
Total Pages : 480 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Roger Williams and the Creation of the American Soul by : John M. Barry

Download or read book Roger Williams and the Creation of the American Soul written by John M. Barry and published by Penguin. This book was released on 2012-01-05 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory look at how Roger Williams shaped the nature of religion, political power, and individual rights in America. For four hundred years, Americans have wrestled with and fought over two concepts that define the nature of the nation: the proper relation between church and state and between a free individual and the state. These debates began with the extraordinary thought and struggles of Roger Williams, who had an unparalleled understanding of the conflict between a government that justified itself by "reason of state"-i.e. national security-and its perceived "will of God" and the "ancient rights and liberties" of individuals. This is a story of power, set against Puritan America and the English Civil War. Williams's interactions with King James, Francis Bacon, Oliver Cromwell, and his mentor Edward Coke set his course, but his fundamental ideas came to fruition in America, as Williams, though a Puritan, collided with John Winthrop's vision of his "City upon a Hill." Acclaimed historian John M. Barry explores the development of these fundamental ideas through the story of the man who was the first to link religious freedom to individual liberty, and who created in America the first government and society on earth informed by those beliefs. The story is essential to the continuing debate over how we define the role of religion and political power in modern American life.

Original Intent

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Author :
Publisher : Wallbuilder Press
ISBN 13 : 9781932225631
Total Pages : 0 pages
Book Rating : 4.2/5 (256 download)

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Book Synopsis Original Intent by : David Barton

Download or read book Original Intent written by David Barton and published by Wallbuilder Press. This book was released on 2008-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.

Christianity and the State

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Author :
Publisher : Chalcedon Foundation
ISBN 13 : 9996717755
Total Pages : pages
Book Rating : 4.9/5 (967 download)

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Book Synopsis Christianity and the State by : R. J. Rushdoony

Download or read book Christianity and the State written by R. J. Rushdoony and published by Chalcedon Foundation. This book was released on 2009-11-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By virtue of being King of kings and Lord of lords, Christ's reign over man and government is universal and total. "He removeth kings, and setteth up kings" (Dan. 2:21) and "increaseth the nations, and destroyeth them" (Job 12:23) because the government is on His shoulders: He is the governor among the nations (Isa. 9:7, Ps. 22:28). The need today is for the church to press the crown-rights of Christ the King, confident that His government over all will increase without end: "the zeal of the Lord of Hosts will perform this." This powerful volume sets forth a Biblical theology of the state, tracing in detail the history and consequences of both statist domination and Christian dereliction of duty. By firmly establishing the Biblical alternative to modern Christianity's polytheism, the author alerts us to the pitfalls of the past, and provides Godly counsel for both the present and future. The crystallization of decades of research, Christianity and the State is a landmark volume of 20th century Christendom.

Separation of Church and State

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674038185
Total Pages : 529 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Separation of Church and State by : Philip HAMBURGER

Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.

Church and State in the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.:/5 (39 download)

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Book Synopsis Church and State in the United States by : Philip Schaff

Download or read book Church and State in the United States written by Philip Schaff and published by . This book was released on 1888 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Jefferson & Madison on Separation of Church and State

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Author :
Publisher :
ISBN 13 : 9781569802731
Total Pages : 0 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Jefferson & Madison on Separation of Church and State by : Thomas Jefferson

Download or read book Jefferson & Madison on Separation of Church and State written by Thomas Jefferson and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete selection of writings from Thomas Jefferson and James Madison focusing specifically on their very forward thinking beliefs in the separation of church and state.

Church And State In American History

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Author :
Publisher : Westview Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Church And State In American History by : John F. Wilson

Download or read book Church And State In American History written by John F. Wilson and published by Westview Press. This book was released on 2003-02-07 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chronologically presents major sources illustrating the complex relationship between church and state in America