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Judicial Doctrines Of Religious Rights In America
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Book Synopsis Religious Exemptions by : Kevin Vallier
Download or read book Religious Exemptions written by Kevin Vallier and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
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.
Book Synopsis Freedom of Assembly and Petition by : Robert Winters
Download or read book Freedom of Assembly and Petition written by Robert Winters and published by Greenhaven Publishing LLC. This book was released on 2006-09-29 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Robert Winters covers the historical development of the right of assembly and petition, how the Supreme Court defines the rights of assembly and association, and the role of assembly and petition in social movements.
Book Synopsis Judicial Doctrines of Religious Rights in America by : William George Torpey
Download or read book Judicial Doctrines of Religious Rights in America written by William George Torpey and published by . This book was released on 1948 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centering his study on what the courts have said about religious liberty, Torpey tells the story of the struggle in the courtrooms toward the present situation in America in which church and state are almost completely separated politically, but where the church furthers the morality of the state and the state protects the integrity of any and all churches. Originally published in 1948. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis EEOC Compliance Manual by : United States. Equal Employment Opportunity Commission
Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Doctrines Of Religious Rights In America by : William George Torpey
Download or read book Judicial Doctrines Of Religious Rights In America written by William George Torpey and published by Da Capo Press, Incorporated. This book was released on 1970-10-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Doctrines of Religious Rights in America
Book Synopsis The Crisis of Church and State, 1050-1300 by : Brian Tierney
Download or read book The Crisis of Church and State, 1050-1300 written by Brian Tierney and published by University of Toronto Press. This book was released on 1988-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Introduction: We need not be surprised, then, that in the Middle Ages also there were rulers who aspired to supreme political and temporal power. The truly exceptional thing is that in medieval times there were always at least two claimants to the role, each commanding a formidable apparatus of government, and that for century after century neither was able to dominate the other completely, so that the duality persisted, was eventually rationalized in works of political theory and ultimately built into the structure of European society. This situation profoundly influenced the development of Western constitutionalism.
Download or read book Free to Believe written by Luke Goodrich and published by Multnomah. This book was released on 2019-10-22 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading religious freedom attorney, the veteran of several Supreme Court battles, helps people of faith understand religious liberty in our rapidly changing culture—why it matters, how it is threatened, and how to respond with confidence and grace. WINNER OF THE CHRISTIAN BOOK AWARD® • THE GOSPEL COALITION'S BEST BOOK OF THE YEAR, PUBLIC THEOLOGY & CURRENT EVENTS • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY WORLD MAGAZINE Many Americans feel like their religious freedom is under attack. They see the culture changing around them, and they fear that their beliefs will soon be punished as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution. In Free to Believe leading religious freedom attorney Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today. With penetrating insights on gay rights, abortion rights, Islam, and the public square, Goodrich argues that threats to religious freedom are real—but they might not be quite what you think. As a lawyer at the Becket Fund for Religious Liberty, Goodrich has won several historic Supreme Court victories for clients such as the Little Sisters of the Poor and Hobby Lobby. Combining frontline experience with faithful attention to Scripture, Goodrich shows why religious freedom matters, how it is threatened, and how to protect it. The result is a groundbreaking book full of clear insight, practical wisdom, and refreshing hope for all people of faith.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis A Summary View of the Rights of British America by : Thomas Jefferson
Download or read book A Summary View of the Rights of British America written by Thomas Jefferson and published by . This book was released on 1774 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defend the Sacred by : Michael D. McNally
Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Book Synopsis Great Christian Jurists in American History by : Daniel L. Dreisbach
Download or read book Great Christian Jurists in American History written by Daniel L. Dreisbach and published by Cambridge University Press. This book was released on 2019-07-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From the early days of European settlement in North America, Christianity has had a profound impact on American law and culture. This volume profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. Anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation's history, and the relationship between faith and law will enjoy this worthy and unique study. The jurists covered in this collection were pious men and women, but that does not mean they agreed on how faith should inform law. From Roger Williams and John Cotton to Antonin Scalia and Mary Ann Glendon, America's great Christian jurists have brought their faith to bear on the practice of law in different ways and to different effects.
Book Synopsis We Hold These Truths by : John Courtney Murray
Download or read book We Hold These Truths written by John Courtney Murray and published by Rowman & Littlefield. This book was released on 2005 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1960 publication of We Hold These Truths marked a significant event in the history of modern American thought. Since that time, Sheed & Ward has kept the book in print and has published several studies of John Courtney Murray's life and work. We are proud to present a new edition of this classic text, which features a comprehensive introduction by Peter Lawler that places Murray in the context of Catholic and American history and thought while revealing his relevance today. From the new Introduction by Peter Lawler: The Jesuit John Courtney Murray (1904-67) was, in his time, probably the best known and most widely respected American Catholic writer on the relationship between Catholic philosophy and theology and his country's political life. The highpoint of his influence was the publication of We Hold These Truths in the same year as an election of our country's first Catholic president. Those two events were celebrated by a Time cover story (December 12, 1960) on Murray's work and influence. The story's author, Protestant Douglas Auchincloss, reported that it was "The most relentlessly intellectual cover story I've done." His amazingly wide ranging and dense-if not altogether accurate-account of Murray's thought was crowned with a smart and pointed conclusion: "If anyone can help U.S. Catholics and their non-Catholic countrymen toward the disagreement that precedes understanding-John Courtney Murray can." . . . Murray's work, of course, is treated with great respect and has had considerable influence, but now it's time to begin to think of him as one of America's very few genuine political philosophers. His disarmingly lucid and accessible prose has caused his book to be widely cited and celebrated, but it still is not well understood. It is both praised and blamed for reconciling Catholic faith with the fundamental premises of American political life. It is praised by liberals for paving the way for Vatican II's embrace of the American idea of religious liberty, and it is
Book Synopsis Enforcing Religious Freedom in Prison by : United States Commission on Civil Rights
Download or read book Enforcing Religious Freedom in Prison written by United States Commission on Civil Rights and published by . This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
Book Synopsis The Myth of American Religious Freedom by : David Sehat
Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis The Founders' Constitution by : Philip B. Kurland
Download or read book The Founders' Constitution written by Philip B. Kurland and published by . This book was released on 2000-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the 1987 U. of Chicago Press cloth edition. The five volumes contain a collection of thoughts, opinions, and arguments of the Founders. Readers seeking a general view of a question that took the form of a phrase or clause in the Constitution can find materials assembled under the article, section, and clause numbers of that provision. Those seeking more information are referred to other primary materials, some of which are included in volume 1, which contains materials organized by theme. Volumes 2, 3, 4 and 5 address, respectively, Preamble through Article 1, Section 8, Clause 4; Article 1, Section 8, Clause 5 through Article 2, Section 1; Article 2, Section 2, through Article 7; and Amendments I-XII. Edited by Kurland (formerly of the U. of Chicago) and Lerner (Committee on Social Thought, U. of Chicago). Annotation copyrighted by Book News Inc., Portland, OR
