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The Free Exercise Of Religion In America
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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 The Free Exercise of Religion in America by : Ellis M. West
Download or read book The Free Exercise of Religion in America written by Ellis M. West and published by Springer. This book was released on 2019-02-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.
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"--
Book Synopsis When Free Exercise and Nonestablishment Conflict by : Kent Greenawalt
Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
Book Synopsis Beyond Belief, Beyond Conscience by : Jack N. Rakove
Download or read book Beyond Belief, Beyond Conscience written by Jack N. Rakove 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: "Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--
Book Synopsis Religious Liberty Under the Free Exercise Clause by : United States. Department of Justice. Office of Legal Policy
Download or read book Religious Liberty Under the Free Exercise Clause written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Founding Fathers and the Place of Religion in America by : Frank Lambert
Download or read book The Founding Fathers and the Place of Religion in America written by Frank Lambert and published by Princeton University Press. This book was released on 2010-07-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the United States, founded as colonies with explicitly religious aspirations, come to be the first modern state whose commitment to the separation of church and state was reflected in its constitution? Frank Lambert explains why this happened, offering in the process a synthesis of American history from the first British arrivals through Thomas Jefferson's controversial presidency. Lambert recognizes that two sets of spiritual fathers defined the place of religion in early America: what Lambert calls the Planting Fathers, who brought Old World ideas and dreams of building a "City upon a Hill," and the Founding Fathers, who determined the constitutional arrangement of religion in the new republic. While the former proselytized the "one true faith," the latter emphasized religious freedom over religious purity. Lambert locates this shift in the mid-eighteenth century. In the wake of evangelical revival, immigration by new dissenters, and population expansion, there emerged a marketplace of religion characterized by sectarian competition, pluralism, and widened choice. During the American Revolution, dissenters found sympathetic lawmakers who favored separating church and state, and the free marketplace of religion gained legal status as the Founders began the daunting task of uniting thirteen disparate colonies. To avoid discord in an increasingly pluralistic and contentious society, the Founders left the religious arena free of government intervention save for the guarantee of free exercise for all. Religious people and groups were also free to seek political influence, ensuring that religion's place in America would always be a contested one, but never a state-regulated one. An engaging and highly readable account of early American history, this book shows how religious freedom came to be recognized not merely as toleration of dissent but as a natural right to be enjoyed by all Americans.
Book Synopsis Interpreting the Free Exercise of Religion by : Bette Novit Evans
Download or read book Interpreting the Free Exercise of Religion written by Bette Novit Evans and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and sociological insights about American religious experience. She surveys and evaluates several of the most well considered approaches to religious freedom and applies them to contemporary legal controversies, examining problems in defining religion and claims concerning the autonomy of religious institutions. Her conclusions about religious liberty are embedded in an appreciation of American pluralism: the guarantee of religious freedom, she argues, can be understood as an instrument for fostering alternative sources of meaning within a pluralistic political community.
Book Synopsis The Bloudy Tenent, of Persecution by : Roger Williams
Download or read book The Bloudy Tenent, of Persecution written by Roger Williams and published by . This book was released on 1867 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Book Synopsis The Impossibility of Religious Freedom by : Winnifred Fallers Sullivan
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.
Download or read book Our Rights written by David J. Bodenhamer and published by Oxford University Press, USA. This book was released on 2007 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Book Synopsis Freedom of Religion in America: Historical Roots, Philosophical Concepts, Contemporary Problems by : Henry B. Clark
Download or read book Freedom of Religion in America: Historical Roots, Philosophical Concepts, Contemporary Problems written by Henry B. Clark and published by Transaction Publishers. This book was released on 1982-01-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting perceptive essays on various aspects of religious liberty, the contributors to this volume provide an overview of the history and the issues surrounding religion in America.
Book Synopsis Church and State in the United States by : Philip Schaff
Download or read book Church and State in the United States written by Philip Schaff and published by . This book was released on 1888 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Indian Affairs (1993- ) Publisher : ISBN 13 : Total Pages :320 pages Book Rating :4.F/5 ( download)
Book Synopsis Native American Free Exercise of Religion Act by : United States. Congress. Senate. Committee on Indian Affairs (1993- )
Download or read book Native American Free Exercise of Religion Act written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 1994 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Westview Press. This book was released on 2010-07-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this classic book provides a comprehensive, multidisciplinary overview of the history, theory, law, and comparative analysis of American religious liberty from the earliest colonial period through the most recent Supreme Court cases. The authors present balanced, accessible discussions of controversial issues, such as funding religious schools and charities and displaying religious symbols on government property. Three chapters new to this edition cover the free exercise of religion, religion and public life, and religious organizations and the law. In addition, an expanded concluding chapter places the American experience in global context by comparing contemporary American religious liberty law with international human rights standards.
