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Author : Ronald Bruce Flowers
Publisher :
ISBN 13 :
Total Pages : 1224 pages
Book Rating : 4.3/5 (91 download)
Download or read book Religious Freedom and the Supreme Court written by Ronald Bruce Flowers and published by . This book was released on 2008 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear, relevant, and an essential text for the twenty-first century.
Author : Vincent Phillip Munoz
Publisher : Rowman & Littlefield
ISBN 13 : 1442250321
Total Pages : 679 pages
Book Rating : 4.4/5 (422 download)
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.
Author : David Sehat
Publisher : Oxford University Press
ISBN 13 : 0199793115
Total Pages : 368 pages
Book Rating : 4.1/5 (997 download)
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.
Author : Marc O. DeGirolami
Publisher : Harvard University Press
ISBN 13 : 0674074157
Total Pages : 362 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author : John A. Ragosta
Publisher : University of Virginia Press
ISBN 13 : 0813933714
Total Pages : 394 pages
Book Rating : 4.8/5 (139 download)
Download or read book Religious Freedom written by John A. Ragosta and published by University of Virginia Press. This book was released on 2013-04-22 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.
Author : Winnifred Fallers Sullivan
Publisher : Princeton University Press
ISBN 13 : 0691180954
Total Pages : 330 pages
Book Rating : 4.6/5 (911 download)
Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Author : Frank S. Ravitch
Publisher : NYU Press
ISBN 13 : 0814775853
Total Pages : 254 pages
Book Rating : 4.8/5 (147 download)
Download or read book Masters of Illusion written by Frank S. Ravitch and published by NYU Press. This book was released on 2007-04 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.
Author : Erwin Chemerinsky
Publisher : Oxford University Press, USA
ISBN 13 : 0190699736
Total Pages : 241 pages
Book Rating : 4.1/5 (96 download)
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"--
Author :
Publisher : Pelican Publishing
ISBN 13 : 9781455604586
Total Pages : 432 pages
Book Rating : 4.6/5 (45 download)
Download or read book Freedom of Religion, the First Amendment, and the Supreme Court written by and published by Pelican Publishing. This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jay Sekulow
Publisher : Rowman & Littlefield
ISBN 13 : 0742550648
Total Pages : 376 pages
Book Rating : 4.7/5 (425 download)
Download or read book Witnessing Their Faith written by Jay Sekulow and published by Rowman & Littlefield. This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
Author : Jack N. Rakove
Publisher :
ISBN 13 : 0195305817
Total Pages : 241 pages
Book Rating : 4.1/5 (953 download)
Download or read book Beyond Belief, Beyond Conscience written by Jack N. Rakove and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Beyond Belief, Beyond Conscience, Pulitzer Prize-winning author Jack Rakove makes broad claims about how religious freedom affects us. He contrasts the radical course of American developments with the more complicated ways in which Europeans tried to promote religious tolerance. He argues that both freedom of conscience and disestablishment were critical constitutional principles whose significance we no longer fully appreciate. Rakove explains why Jefferson's and Madison's understanding of these concepts were influential to their constitutional thinking. And he examines some of our contemporary controversies over church and state from the vantage point, not of legal doctrine, but of the deeper history that gave the U.S. its unique approach to religious freedom.
Author : Luke Goodrich
Publisher : Multnomah
ISBN 13 : 0525652906
Total Pages : 290 pages
Book Rating : 4.5/5 (256 download)
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.
Author :
Publisher :
ISBN 13 :
Total Pages : 1362 pages
Book Rating : 4.:/5 ( download)
Download or read book Supreme Court written by and published by . This book was released on 1882 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Corey Brettschneider
Publisher : Penguin
ISBN 13 : 0143135147
Total Pages : 257 pages
Book Rating : 4.1/5 (431 download)
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.
Author : W. Cole Durham Jr
Publisher : Routledge
ISBN 13 : 9780367704469
Total Pages : 0 pages
Book Rating : 4.7/5 (44 download)
Download or read book Law, Religion, and Freedom written by W. Cole Durham Jr and published by Routledge. This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. It will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Author : Garrett Epps
Publisher :
ISBN 13 : 9780806140261
Total Pages : 0 pages
Book Rating : 4.1/5 (42 download)
Download or read book Peyote Vs. the State written by Garrett Epps and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the Oregon court case over whether the First Amendment protects the right of Native Americans to use peyote in their religious practices.
Author : Carolyn Nestor Long
Publisher : Landmark Law Cases and American Society
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)
Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
