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The Cambridge Companion To The First Amendment And Religious Liberty
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Book Synopsis The Cambridge Companion to the First Amendment and Religious Liberty by : Michael D. Breidenbach
Download or read book The Cambridge Companion to the First Amendment and Religious Liberty written by Michael D. Breidenbach and published by Cambridge University Press. This book was released on 2020-01-09 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
Book Synopsis Religious Liberty by : Daniel N. Robinson
Download or read book Religious Liberty written by Daniel N. Robinson and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law.
Book Synopsis Our Dear-Bought Liberty by : Michael D. Breidenbach
Download or read book Our Dear-Bought Liberty written by Michael D. Breidenbach and published by Harvard University Press. This book was released on 2021-05-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.
Book Synopsis The Establishment Clause by : Leonard Williams Levy
Download or read book The Establishment Clause written by Leonard Williams Levy and published by Simon & Schuster Books For Young Readers. This book was released on 1986 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists, ' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church.For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
Book Synopsis The Cosmopolitan First Amendment by : Timothy Zick
Download or read book The Cosmopolitan First Amendment written by Timothy Zick and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Challenges to Religious Liberty in the Twenty-First Century by : Gerard V. Bradley
Download or read book Challenges to Religious Liberty in the Twenty-First Century written by Gerard V. Bradley and published by Cambridge University Press. This book was released on 2012-03-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost everyone today affirms and applauds "religious liberty." But different and sometimes irreconcilable conceptions of religious liberty have emerged in our world, often as responses to specific challenges (for example, globalization or Islamic immigration). In this book, scholars in law, theology, and political theory exchange views on five specific challenges to religious liberty in the twenty-first century.
Book Synopsis The First Amendment by : Ronald J. Krotoszynski
Download or read book The First Amendment written by Ronald J. Krotoszynski and published by Aspen Publishing. This book was released on 2022-09-08 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
Book Synopsis The First Freedoms by : Thomas J. Curry
Download or read book The First Freedoms written by Thomas J. Curry and published by Oxford University Press. This book was released on 1987-12-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one religion, as critics of the Court assert? The First Freedoms studies the church-state context of colonial and revolutionary America to present a bold new reading of the historical meaning of the religion clauses of the First Amendment. Synthesizing and interpreting a wealth of evidence from the founding of Virginia to the passage of the Bill of Rights, including everything published in America before 1791, Thomas Curry traces America's developing ideas on religious liberty and offers the most extensive investigation ever of the historical origins and background of the First Amendment's religion clauses.
Book Synopsis Justice Reed and the First Amendment by : F. William O'Brien
Download or read book Justice Reed and the First Amendment written by F. William O'Brien and published by . This book was released on 2012-04-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Positive Second Amendment by : Joseph Blocher
Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Book Synopsis Religious Liberty in America by : Bruce T. Murray
Download or read book Religious Liberty in America written by Bruce T. Murray and published by . This book was released on 2008 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Publisher: In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems-all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority-an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
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 Liberal Constitutionalism and its Contemporary Challenges by : Gordon Albert Babst
Download or read book Liberal Constitutionalism and its Contemporary Challenges written by Gordon Albert Babst and published by Springer Nature. This book was released on with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The First Amendment by : Molly Jones
Download or read book The First Amendment written by Molly Jones and published by The Rosen Publishing Group. This book was released on 2011-01 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the origin and history of the First Amendment and how the courts have been involved in protecting or limiting these freedoms.
Book Synopsis The Political Origins of Religious Liberty by : Anthony Gill
Download or read book The Political Origins of Religious Liberty written by Anthony Gill and published by Cambridge University Press. This book was released on 2007-10-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, governments have attempted to control religious organizations and limit religious freedom. However, over the past two hundred years the world has witnessed an expansion of religious liberty. What explains this rise in religious freedom? Anthony Gill argues that political leaders are more likely to allow religious freedom when such laws affect their ability to stay in power, and/or when religious freedoms are seen to enhance the economic well-being of their country.
Book Synopsis Fundamental Liberties of a Free People by :
Download or read book Fundamental Liberties of a Free People written by and published by Transaction Publishers. This book was released on 2002-11-30 with total page 484 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.
Book Synopsis God and the Founders by : Vincent Phillip Muñoz
Download or read book God and the Founders written by Vincent Phillip Muñoz and published by Cambridge University Press. This book was released on 2009-10-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: God and the Founders explains the church-state political philosophies of James Madison, George Washington, and Thomas Jefferson.
