The Religion Clauses

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The Religion Clauses

Author : Erwin Chemerinsky
Publisher : Oxford University Press, USA
ISBN 13 : 0190699736
Total Pages : 241 pages
Book Rating : 4.1/5 (96 download)

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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"--

The Religion Clauses of the First Amendment

Author : Ellis M. West
Publisher :
ISBN 13 : 9780739146781
Total Pages : 0 pages
Book Rating : 4.1/5 (467 download)

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Book Synopsis The Religion Clauses of the First Amendment by : Ellis M. West

Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by . This book was released on 2013-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.

When Free Exercise and Nonestablishment Conflict

Author : Kent Greenawalt
Publisher : Harvard University Press
ISBN 13 : 0674978005
Total Pages : 304 pages
Book Rating : 4.6/5 (749 download)

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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?

Masters of Illusion

Author : Frank S. Ravitch
Publisher : NYU Press
ISBN 13 : 0814775853
Total Pages : 241 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Masters of Illusion by : Frank S. Ravitch

Download or read book Masters of Illusion written by Frank S. Ravitch and published by NYU Press. This book was released on 2007-04-01 with total page 241 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.

The Religion Clauses

Author : Erwin Chemerinsky
Publisher : Oxford University Press
ISBN 13 : 0190699752
Total Pages : 240 pages
Book Rating : 4.1/5 (96 download)

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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. This book was released on 2020-07-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend 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. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a 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.

A Nation Dedicated to Religious Liberty

Author : Arlin M. Adams
Publisher : University of Pennsylvania Press
ISBN 13 : 0812292324
Total Pages : 189 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis A Nation Dedicated to Religious Liberty by : Arlin M. Adams

Download or read book A Nation Dedicated to Religious Liberty written by Arlin M. Adams and published by University of Pennsylvania Press. This book was released on 2015-02-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."

The Establishment Clause

Author : Leonard W. Levy
Publisher : UNC Press Books
ISBN 13 : 146962043X
Total Pages : 300 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis The Establishment Clause by : Leonard W. Levy

Download or read book The Establishment Clause written by Leonard W. Levy and published by UNC Press Books. This book was released on 2017-03-01 with total page 300 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.

Beyond Belief, Beyond Conscience

Author : Jack N. Rakove
Publisher : Oxford University Press, USA
ISBN 13 : 0195305817
Total Pages : 241 pages
Book Rating : 4.1/5 (953 download)

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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."--

Guardian of the Wall

Author : J. David Holcomb
Publisher : Lexington Books
ISBN 13 : 0739149032
Total Pages : 247 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Guardian of the Wall by : J. David Holcomb

Download or read book Guardian of the Wall written by J. David Holcomb and published by Lexington Books. This book was released on 2020-11-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guardian of the Wall examines Leo Pfeffer's church-state thought and its influence on the U.S. Supreme Court. The book argues that Pfeffer’s understanding of the First Amendment’s religion clauses, shaped as it was by his historical and religious context, led him to advocate a separationist historical narrative and absolutist application of the Establishment and Free Exercise Clauses. Pfeffer’s jurisprudence was pivotal in shaping the U.S. Supreme Court’s interpretation of the First Amendment throughout the last half of the twentieth century. Guardian of the Wall challenges the popular contention that Pfeffer’s separationist philosophy was hostile to religion and sought to remove religion from the public square. Instead, it illustrates how Pfeffer believed a broad reading of both religion clauses protected religious freedom, secured religious equality, and fostered authentic participation of religion in public life. The book concludes by analyzing the Court’s shift away from the strict separation of church and state during the past thirty years and contends that the Court should reconsider Pfeffer’s approach to the First Amendment’s religion clauses.

Constitutional Law

Author : Daniel O. Conkle
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law by : Daniel O. Conkle

Download or read book Constitutional Law written by Daniel O. Conkle and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices

The Religion Clauses of the First Amendment

Author : Ellis M. West
Publisher : Lexington Books
ISBN 13 : 0739146793
Total Pages : 218 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis The Religion Clauses of the First Amendment by : Ellis M. West

Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by Lexington Books. This book was released on 2012-07-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.

Securing Religious Liberty

Author : Jesse H. Choper
Publisher : University of Chicago Press
ISBN 13 : 9780226104454
Total Pages : 216 pages
Book Rating : 4.1/5 (44 download)

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Book Synopsis Securing Religious Liberty by : Jesse H. Choper

Download or read book Securing Religious Liberty written by Jesse H. Choper and published by University of Chicago Press. This book was released on 1995-05-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this book, a leading constitutional scholar proposes a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Choper's guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Though not calling for the wholesale overturning of judicial precedents or established social practices, the standards he proposes would result in significant—and controversial—modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education.

Articles of Faith, Articles of Peace

Author : James Davison Hunter
Publisher : Brookings Institution Press
ISBN 13 : 9780815705499
Total Pages : 122 pages
Book Rating : 4.7/5 (54 download)

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Book Synopsis Articles of Faith, Articles of Peace by : James Davison Hunter

Download or read book Articles of Faith, Articles of Peace written by James Davison Hunter and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Religion—protected in America for two hundred years by the Bill of Rights—has become more a source of divisiveness than the binding force it used to be in American life. Abortion, school prayer, creation science, and secular humanism are a few examples of the conflict between religious liberty and public justice that arise today. Articles of Faith, Articles of Peace examines the contemporary challenges to religious liberty and explores ways in which the public philosophy can be reinvigorated. Steering between the extremes of a "sacred public square," in which any one faith is established or preferred, and a "naked public square," from which all faiths have been removed, the authors argue for, and exemplify, a civil public square. And they try to answer the vital question: how do we, in an age of expanding worldwide pluralism, live with our deepest, religiously intense, differences. Peter L. Berger, Harold J. Berman, Os Guinness, James Davidson Hunter, William Lee Miller, Michael J. Sandel, and Charles Taylor are the distinguished contributors to this book who speak from different academic disciplines and diverse personal perspectives. Their concerns converge in this dynamic and thought-provoking discussion important to every American. The authors acknowledge that American pluralism has grown beyond the traditional "Protestant-Catholic-Jew" into a genuine multifaith pluralism, and that religious liberty entails the freedom to dissent as well as to believe. Articles of Faith, Articles of Peace is a proposal and discussion that carries great promise for the pressing problems of religion in American public life. The vision of a civil public square, and a common goal for common good, offers a way for American diversity to remain a source of strength and richness. Only with such commitments will democratic debate remain robust and religious liberty remain a component of a vital democracy.

Abortion Rights as Religious Freedom

Author : Peter Wenz
Publisher : Temple University Press
ISBN 13 : 1439904618
Total Pages : 312 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Abortion Rights as Religious Freedom by : Peter Wenz

Download or read book Abortion Rights as Religious Freedom written by Peter Wenz and published by Temple University Press. This book was released on 2010-05-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wenz argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons.

Religious Liberty and the American Supreme Court

Author : Vincent Phillip Munoz
Publisher : Rowman & Littlefield
ISBN 13 : 1442250321
Total Pages : 679 pages
Book Rating : 4.4/5 (422 download)

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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.

Securing Religious Liberty

Author : Jesse H. Choper
Publisher : Quid Pro Books
ISBN 13 : 1610271726
Total Pages : 272 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Securing Religious Liberty by : Jesse H. Choper

Download or read book Securing Religious Liberty written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this classic and much-cited book, a leading constitutional scholar proposed a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Jesse Choper's thoughtful and pragmatics guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Although Choper does not call for the wholesale overturning of judicial precedents or established social practices, the standards he has proposed would result in significant--and controversial--modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. Quality ebook formatting includes linked notes, active TOC, and linked Index and Table of Cases.

Religion and the American Constitutional Experiment

Author : John Witte, Jr.
Publisher : Westview Press
ISBN 13 : 9780813344751
Total Pages : 384 pages
Book Rating : 4.3/5 (447 download)

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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.