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Author : Philip B. Kurland
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.0/5 ( download)
Download or read book Religion and the Law of Church and State and the Supreme Court written by Philip B. Kurland and published by . This book was released on 1978 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philip B. Kurland
Publisher : Transaction Publishers
ISBN 13 : 0202368556
Total Pages : 130 pages
Book Rating : 4.2/5 (23 download)
Download or read book Religion and the Law written by Philip B. Kurland and published by Transaction Publishers. This book was released on 2009-01-01 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. The first clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The justices of the Supreme Court have not been wanting for advice from self-appointed guardians. The difficulty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own. Religion and the Law examines the actions and words of the Supreme Court in applying constitutional language to the controversies that have come before it. Lest such an effort be reduced to recitation, these cases are measured against a "neutral principle" that will give the most appropriate scope to the religion clauses in such a manner as to provide guidance for legislatures and courts. This neutral principle has been framed in reliance on the Aristotelian axiom that "it is the mark of an educated man to seek precision in each class of things just so far as the nature of the subject admits." One of the fundamental difficulties with the contemporary discussion of the "hot button" issue has been the failure to distinguish two separable problems: the constitutional issue--in the narrow sense of the meaning to be given to the language of the First Amendment by the Supreme Court--and the broader question of the ideal relationship that should exist between church and state. This is a classic study by one of the great theorists of American constitutional law.
Author : Kermit L. Hall
Publisher : Routledge
ISBN 13 : 1135692653
Total Pages : 498 pages
Book Rating : 4.1/5 (356 download)
Download or read book Conscience and Belief: The Supreme Court and Religion written by Kermit L. Hall and published by Routledge. This book was released on 2018-12-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author : Steven H. Shiffrin
Publisher : Princeton University Press
ISBN 13 : 0691156190
Total Pages : 256 pages
Book Rating : 4.6/5 (911 download)
Download or read book The Religious Left and Church-State Relations written by Steven H. Shiffrin and published by Princeton University Press. This book was released on 2012-09-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Religious Left and Church-State Relations, noted constitutional law scholar Steven Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religious institutions. Shiffrin discusses the pluralistic foundations of the religion clauses in the First Amendment and asserts that the clauses cannot be confined to the protection of liberty, equality, or equal liberty. He explores the constitutional framework of religious liberalism, applying it to controversial examples, including the Pledge of Allegiance, the government's use of religious symbols, the teaching of evolution in public schools, and school vouchers. Shiffrin examines how the approaches of secular liberalism toward church-state relations have been misguided philosophically and politically, and he illustrates why theological arguments hold an important democratic position--not in courtrooms or halls of government, but in the public dialogue. The book contends that the great issue of American religious politics is not whether religions should be supported at all, but how religions can best be strengthened and preserved.
Author : Kathleen A. Brady
Publisher : Cambridge University Press
ISBN 13 : 1316351831
Total Pages : 355 pages
Book Rating : 4.3/5 (163 download)
Download or read book The Distinctiveness of Religion in American Law written by Kathleen A. Brady and published by Cambridge University Press. This book was released on 2015-07-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.
Author : Elizabeth Eddy
Publisher : Routledge
ISBN 13 : 9781138531734
Total Pages : 127 pages
Book Rating : 4.5/5 (317 download)
Download or read book Religion and the Law written by Elizabeth Eddy and published by Routledge. This book was released on 2017-08-02 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. The first clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The justices of the Supreme Court have not been wanting for advice from self-appointed guardians. The difficulty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.Religion and the Law examines the actions and words of the Supreme Court in applying constitutional language to the controversies that have come before it. Lest such an effort be reduced to recitation, these cases are measured against a "neutral principle" that will give the most appropriate scope to the religion clauses in such a manner as to provide guidance for legislatures and courts. This neutral principle has been framed in reliance on the Aristotelian axiom that "it is the mark of an educated man to seek precision in each class of things just so far as the nature of the subject admits."One of the fundamental difficulties with the contemporary discussion of the "hot button" issue has been the failure to distinguish two separable problems: the constitutional issue--in the narrow sense of the meaning to be given to the language of the First Amendment by the Supreme Court--and the broader question of the ideal relationship that should exist between church and state. This is a classic study by one of the great theorists of American constitutional law.
Author : Nelson Tebbe
Publisher : Routledge
ISBN 13 : 1351551620
Total Pages : 525 pages
Book Rating : 4.3/5 (515 download)
Download or read book Religion and Equality Law written by Nelson Tebbe and published by Routledge. This book was released on 2017-07-05 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.
Author : James Hitchcock
Publisher : Princeton University Press
ISBN 13 : 1400826268
Total Pages : 273 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Supreme Court and Religion in American Life, Vol. 2 written by James Hitchcock and published by Princeton University Press. This book was released on 2009-01-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.
Author : Geoffrey R. Stone
Publisher : University of Chicago Press
ISBN 13 : 9780226775326
Total Pages : 600 pages
Book Rating : 4.7/5 (753 download)
Download or read book The Bill of Rights in the Modern State written by Geoffrey R. Stone and published by University of Chicago Press. This book was released on 1992-10-15 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.
Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
ISBN 13 : 0226821439
Total Pages : 345 pages
Book Rating : 4.2/5 (268 download)
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.
Author :
Publisher : PediaPress
ISBN 13 :
Total Pages : 231 pages
Book Rating : 4./5 ( download)
Download or read book United States Demographics - Part A written by and published by PediaPress. This book was released on with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas C. Hunt
Publisher : Taylor & Francis
ISBN 13 : 0429785488
Total Pages : 243 pages
Book Rating : 4.4/5 (297 download)
Download or read book Religious Schools in America (1986) written by Thomas C. Hunt and published by Taylor & Francis. This book was released on 2018-06-15 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1986, this selected bibliography considers private schools that are religiously affiliated. Divided into several sections the book open with chapters covering the most influential general books on religion and schooling and offers summaries and analysis of court decisions and commentaries on the issues of government aid and regulation. The book goes on to provide entries of the schools operating in the United States by seventeen religious groups, entries are annotated by experts from the field. The final section of the book considers statements on religious schools made by both public school educators and religious school advocates; formal and informal interactions between the public and religious schools; and the concept of the education of the public by religious and public schools. This work pulls together a wealth of reference material, mainly on religious schools, and provides a much-needed resource for those interested in religious schooling, whether researcher, scholar, student or policy-maker.
Author : Robert G. McCloskey
Publisher : University of Chicago Press
ISBN 13 : 0226556832
Total Pages : 754 pages
Book Rating : 4.2/5 (265 download)
Download or read book The American Supreme Court written by Robert G. McCloskey and published by University of Chicago Press. This book was released on 2010-07-15 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author : Derek H. Davis
Publisher : Oxford University Press
ISBN 13 : 019535088X
Total Pages : 328 pages
Book Rating : 4.1/5 (953 download)
Download or read book Religion and the Continental Congress, 1774-1789 written by Derek H. Davis and published by Oxford University Press. This book was released on 2000-05-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the constitutional framers envision the role of religion in American public life? Did they think that the government had the right to advance or support religion and religious activities? Or did they believe that the two realms should remain forever separate? Throughout American history, scholars, Supreme Court justices, and members of the American public have debated these questions. The debate continues to have significance in the present day, especially in regard to public schools, government aid to sectarian education, and the use of public property for religious symbols. In this book, Derek Hamilton Davis offers the first comprehensive examination of the role of religion in the proceedings, theories, ideas, and goals of the Continental Congress. Those who argue that the United States was founded as a "Christian Nation" have made much of the religiosity of the founders, particularly as it was manifested in the ritual invocations of a clearly Christian God as well as in the adoption of practices such as government-sanctioned days of fasting and thanksgiving, prayers and preaching before legislative bodies, and the appointments of chaplains to the Army. Davis looks at the fifteen-year experience of the Continental Congress (1774-1789) and arrives at a contrary conclusion: namely, that the revolutionaries did not seek to entrench religion in the federal state. Congress's religious activities, he shows, expressed a genuine but often unreflective popular piety. Indeed, the whole point of the revolution was to distinguish society, the people in its sovereign majesty, from its government. A religious people would jealously guard its own sovereignty and the sovereignty of God by preventing republican rulers from pretending to any authority over religion. The idea that a modern nation could be premised on expressly theological foundations, Davis argues, was utterly antithetical to the thinking of most revolutionaries.
Author : Michael Cobb
Publisher : NYU Press
ISBN 13 : 0814772668
Total Pages : 245 pages
Book Rating : 4.8/5 (147 download)
Download or read book God Hates Fags written by Michael Cobb and published by NYU Press. This book was released on 2006-06-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2007 Choice Outstanding Academic Title At the funeral of Matthew Shepard—the young Wyoming man brutally murdered for being gay—the Reverend Fred Phelps led his parishioners in protest, displaying signs with slogans like “Matt Shepard rots in Hell,” “Fags Die God Laughs,” and “God Hates Fags.” In counter-protest, activists launched an “angel action,” dressing in angel costumes, with seven-foot high wings, and creating a visible barrier so one would not have to see the hateful signs. Though long thought of as one of the most virulently anti-gay genres of contemporary American politics and culture, in God Hates Fags, Michael Cobb maintains that religious discourses have curiously figured as the most potent and pervasive forms of queer expression and activism throughout the twentieth century. Cobb focuses on how queers have assumed religious rhetoric strategically to respond to the violence done against them, alternating close readings of writings by James Baldwin, Tennessee Williams, Jean Toomer, Dorothy Allison, and Stephen Crane with critical legal and political analyses of Supreme Court Cases and anti-gay legislation. He also pays deep attention to the political strategies, public declarations, websites, interviews, and other media made by key religious right organizations that have mounted the most successful regulations and condemnations of homosexuality.
Author : Michal R. Belknap
Publisher : Univ of South Carolina Press
ISBN 13 : 9781570035630
Total Pages : 464 pages
Book Rating : 4.0/5 (356 download)
Download or read book The Supreme Court Under Earl Warren, 1953-1969 written by Michal R. Belknap and published by Univ of South Carolina Press. This book was released on 2005 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court under Earl Warren, 1953-1969, Michal Belknap recounts the eventful history of the Warren Court. Chief Justice Earl Warren's sixteen years on the bench were among the most dramatic, productive, and controversial in the history of the Supreme Court. Warren's tenure saw the Court render decisions that are still hotly debated today. Its rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher :
ISBN 13 :
Total Pages : 882 pages
Book Rating : 4.:/5 (6 download)
Download or read book Judicial Review written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 2097 and companion H.R. 2362, to enable any taxpayer to initiate a civil action challenging the constitutionality of Federal grant and loan programs to schools offering both secular and religious instruction.
