Constitutional Debates On Freedom Of Religion

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Constitutional Debates on Freedom of Religion

Author : Gerald Long
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1567508839
Total Pages : 361 pages
Book Rating : 4.5/5 (675 download)

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Book Synopsis Constitutional Debates on Freedom of Religion by : Gerald Long

Download or read book Constitutional Debates on Freedom of Religion written by Gerald Long and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates over the separation or accommodation of religion and government have divided Americans since the founding of our country and continue to echo in governmental chambers today, as people argue sharply and heatedly about the exact meaning and correct applications of First Amendment clauses on religious establishment and free exercise of religion. Students can trace the history and development of these arguments, as well as the reactions to them, through this unique collection of over 70 primary documents. Court cases and other documents bring to life the controversies surrounding the issues. Explanatory introductions to documents aid users in understanding the various arguments put forth, while illuminating the significance of each document. Patrick and Long trace the origins and changes in the nature of the debates surrounding the issue of freedom of religion using carefully chosen court cases and other documents to reflect the fact that the Court's decision has not always ended public controversy about the relationships between church and state or religion and government. Indeed, especially in recent years, the Court's decisions in some cases have exacerbated old tensions and generated new issues. The focus throughout is on the connection between the U.S. Constitution and freedom of religion. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being litigated, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning freedom of religion.

Religious Freedom and the Constitution

Author : Christopher L. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 0674034457
Total Pages : 346 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber

Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Religion and Free Speech Today

Author : Joan Vos Macdonald
Publisher : Enslow Publishing, LLC
ISBN 13 : 9780766029156
Total Pages : 116 pages
Book Rating : 4.0/5 (291 download)

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Book Synopsis Religion and Free Speech Today by : Joan Vos Macdonald

Download or read book Religion and Free Speech Today written by Joan Vos Macdonald and published by Enslow Publishing, LLC. This book was released on 2009-01-01 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Discusses religious issues and the freedom of speech in the United States today, including the separation of church and state and the debate over prayer and religious displays in public schools"--Provided by publisher.

Freedom of Religion and a "debate" on Religious Conversion

Author : P. D. Mathew
Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Freedom of Religion and a "debate" on Religious Conversion by : P. D. Mathew

Download or read book Freedom of Religion and a "debate" on Religious Conversion written by P. D. Mathew and published by . This book was released on 1999 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to the Indian scene.

Religion and the American Constitutional Experiment

Author : John Witte, Jr.
Publisher : Oxford University Press
ISBN 13 : 0197587615
Total Pages : 465 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Religion and the American Constitutional Experiment by : John Witte, Jr.

Download or read book Religion and the American Constitutional Experiment written by John Witte, Jr. and published by Oxford University Press. This book was released on 2022 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of theAmerican experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the freeexercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule oflaw, even if it needs judicious balancing with other fundamental rights and state interests.Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemptionclaims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

The Church-State Debate

Author : Emma Long
Publisher : Bloomsbury Publishing
ISBN 13 : 1441111441
Total Pages : 290 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis The Church-State Debate by : Emma Long

Download or read book The Church-State Debate written by Emma Long and published by Bloomsbury Publishing. This book was released on 2012-03-29 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Establishment Clause of the First Amendment governs the relationship between the institutions of the church and those of the state; the Supreme Court, as arbiter of the Constitution, has, since 1947, sought to determine where the line between the two should be drawn. This book shows how and why the Court drew the line in particular cases and how and why the lines that were drawn by the Court had an impact on the relationship between institutions of government and the Church, shaping US politics and society. Using the Supreme Court's cases as a framework, the book shows how the constitutional underpinnings of church-state debates shaped the political, economic, and social debate on the issue, and explores broader debates about religion and American society. This book maintains that the Court cases cannot be understood separately from the context from which they arose and that legal factors are only part of a broader picture for a historical understanding of the Court and Establishment Clause cases.

The Establishment of Religion Clause

Author : Alan Brownstein
Publisher : Bill of Rights
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Establishment of Religion Clause by : Alan Brownstein

Download or read book The Establishment of Religion Clause written by Alan Brownstein and published by Bill of Rights. This book was released on 2008 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on broad themes and core ideas, this excellent collection of articles will be of great use to those interested in the history of the Constitution, Establishment Clause, and current debates surrounding its interpretation.

Fundamental Liberties of a Free People

Author : Milton Konvitz
Publisher : Routledge
ISBN 13 : 1351310666
Total Pages : 555 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Fundamental Liberties of a Free People by : Milton Konvitz

Download or read book Fundamental Liberties of a Free People written by Milton Konvitz and published by Routledge. This book was released on 2018-01-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

Religious Liberty and the American Supreme Court

Author : Vincent Phillip Munoz
Publisher : Rowman & Littlefield
ISBN 13 : 1442250321
Total Pages : 679 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Religious Liberty and the American Supreme Court by : Vincent Phillip Munoz

Download or read book Religious Liberty and the American Supreme Court written by Vincent Phillip Munoz and published by Rowman & Littlefield. This book was released on 2015-03-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

Religion, Secularism, and Constitutional Democracy

Author : Jean L. Cohen
Publisher : Columbia University Press
ISBN 13 : 0231540736
Total Pages : 465 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen

Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

The Religion Clauses

Author : Erwin Chemerinsky
Publisher : Oxford University Press, USA
ISBN 13 : 0190699736
Total Pages : 241 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Religion Clauses by : Erwin Chemerinsky

Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--

A Nation Dedicated to Religious Liberty

Author : Arlin M. Adams
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812213188
Total Pages : 200 pages
Book Rating : 4.2/5 (131 download)

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Book Synopsis A Nation Dedicated to Religious Liberty by : Arlin M. Adams

Download or read book A Nation Dedicated to Religious Liberty written by Arlin M. Adams and published by University of Pennsylvania Press. This book was released on 1990-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."

Foreordained Failure

Author : Steven Douglas Smith
Publisher :
ISBN 13 : 9780197719121
Total Pages : 0 pages
Book Rating : 4.7/5 (191 download)

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Book Synopsis Foreordained Failure by : Steven Douglas Smith

Download or read book Foreordained Failure written by Steven Douglas Smith and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the time the US Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a principle of religious freedom. This study argues that religion-clause debates are founded on misconceptions.

Religious Freedom in America

Author : Allen D. Hertzke
Publisher : University of Oklahoma Press
ISBN 13 : 0806149906
Total Pages : 313 pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis Religious Freedom in America by : Allen D. Hertzke

Download or read book Religious Freedom in America written by Allen D. Hertzke and published by University of Oklahoma Press. This book was released on 2015-01-13 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation’s founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment—tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America’s civic fabric—and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.

A Wall of Separation?

Author : Mary Segers
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461636426
Total Pages : 211 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis A Wall of Separation? by : Mary Segers

Download or read book A Wall of Separation? written by Mary Segers and published by Rowman & Littlefield Publishers. This book was released on 1998-08-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the wall of separation between church and state be permeable or inviolable? This question has been hotly contested since the nation's founding and contentious debates persist today. With a collection of the most significant documents and an introduction by Clarke E. Cochran that provides the historical context of the debate, prominent scholars Mary Segers and Ted Jelen debate the impact of organized religion on the democratic process, examine its influence on political discourse, and discuss its significance for the creation of public policy. The authors illuminate the constitutional implications of using religion to cultivate public morality and discuss the complexities of creating a civic-minded citizenry in a pluralistic society.

Religious Liberty and the American Founding

Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
ISBN 13 : 0226821439
Total Pages : 345 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Religious Liberty and the American Founding by : Vincent Phillip Muñoz

Download or read book Religious Liberty and the American Founding written by Vincent Phillip Muñoz and published by University of Chicago Press. This book was released on 2022-08-24 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.

Religious Freedom

Author : Corey Brettschneider
Publisher : Penguin
ISBN 13 : 0525506829
Total Pages : 257 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Religious Freedom by : Corey Brettschneider

Download or read book Religious Freedom written by Corey Brettschneider and published by Penguin. This book was released on 2021-11-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the most contentious issues around religious liberty, this volume provides influential philosophical ideas from the U.S.’s founding to the present day and key U.S. Supreme Court judgements to ask how the two twin pillars of religious freedom — free exercise and the limit on religious establishment — unfold in daily life. A Penguin Classic With the Penguin Liberty series by Penguin Classics, we look to the U.S. Constitution’s text and values, as well as to American history and some of the country’s most important thinkers, to discover the best explanations of our constitutional ideals of liberty. Through these curated anthologies of historical, political, and legal classic texts, Penguin Liberty offers everyday citizens the chance to hear the strongest defenses of these ideals, engage in constitutional interpretation, and gain new (or renewed) appreciation for the values that have long inspired the nation. Questions of liberty affect both our daily lives and our country’s values, from what we can say to whom we can marry, how society views us to how we determine our leaders. It is Americans’ great privilege that we live under a Constitution that both protects our liberty and allows us to debate what that liberty should mean.