Foreordained Failure

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Foreordained Failure

Author : Steven Douglas Smith
Publisher : Oxford University Press, USA
ISBN 13 : 0195132483
Total Pages : 190 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Foreordained Failure by : Steven Douglas Smith

Download or read book Foreordained Failure written by Steven Douglas Smith and published by Oxford University Press, USA. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.

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: The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

Church, State, and Original Intent

Author : Donald L. Drakeman
Publisher : Cambridge University Press
ISBN 13 : 0521119189
Total Pages : 383 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Church, State, and Original Intent by : Donald L. Drakeman

Download or read book Church, State, and Original Intent written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2010 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

Revolution by Judiciary

Author : Jed Rubenfeld
Publisher : Harvard University Press
ISBN 13 : 9780674017153
Total Pages : 260 pages
Book Rating : 4.0/5 (171 download)

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Book Synopsis Revolution by Judiciary by : Jed Rubenfeld

Download or read book Revolution by Judiciary written by Jed Rubenfeld and published by Harvard University Press. This book was released on 2005 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.

Clashing Worldviews in the U.S. Supreme Court

Author : James Davids
Publisher : Rowman & Littlefield
ISBN 13 : 1498570607
Total Pages : 379 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Clashing Worldviews in the U.S. Supreme Court by : James Davids

Download or read book Clashing Worldviews in the U.S. Supreme Court written by James Davids and published by Rowman & Littlefield. This book was released on 2021-10-19 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasting two Protestant justices who hold distinctively different worldviews, Chief Justice William H. Rehnquist and Justice Harry A. Blackmun, this book explores how each came to hold his worldview, how each applied it in Supreme Court rulings, and how it led them to differing outcomes for liberty, equality, and justice. This clash of worldviews between Rehnquist, whose religious and philosophical influences were anchored in the Reformation, and Blackmun, whose Reformation theology was modified by Enlightenment philosophy, provide the context to examine the true nature of justice, liberty, and equality and to consider how such ideals can be maintained in a society with increasingly divergent worldviews.

The Agnostic Age

Author : Paul Horwitz
Publisher : Oxford University Press, USA
ISBN 13 : 019973772X
Total Pages : 351 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Agnostic Age by : Paul Horwitz

Download or read book The Agnostic Age written by Paul Horwitz and published by Oxford University Press, USA. This book was released on 2011-02-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

Suing for America's Soul

Author : R. Jonathan Moore
Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 0802840442
Total Pages : 225 pages
Book Rating : 4.8/5 (28 download)

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Book Synopsis Suing for America's Soul by : R. Jonathan Moore

Download or read book Suing for America's Soul written by R. Jonathan Moore and published by Wm. B. Eerdmans Publishing. This book was released on 2007-06-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: When John W. Whitehead founded The Rutherford Institute as a Christian legal advocacy group in 1982, he was interested primarily in the First Amendment's religion clause, serving clients only when religious freedom was at stake. By the mid-1990s, however, religious rights were but one subset of all the freedoms that he saw threatened by an invasive government. In Suing for America's Soul R. Jonathan Moore examines the foundation and subsequent practices of The Rutherford Institute, helping to explain the rise of conservative Christian legal advocacy groups in recent decades. Moore exposes the effects -- good and bad -- that such legal activism has had on the evangelical Protestant community. Thought-provoking and astute, Suing for America's Soul opens a revealing window onto evangelical Protestantism at large in late-twentieth-century America.

The Tragedy of Religious Freedom

Author : Marc O. DeGirolami
Publisher : Harvard University Press
ISBN 13 : 0674074157
Total Pages : 362 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Tragedy of Religious Freedom by : Marc O. DeGirolami

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.

Farewell to Christendom

Author : Thomas J. Curry
Publisher : Oxford University Press
ISBN 13 : 0190287063
Total Pages : 160 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Farewell to Christendom by : Thomas J. Curry

Download or read book Farewell to Christendom written by Thomas J. Curry and published by Oxford University Press. This book was released on 2001-11-08 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, and judicial interpretation is in a state of disarray. Here, Curry provides a new paradigm for the understanding and exploration of religious liberty, contending that much of the present confusion can be traced to habits of mind that persist from Christendom and inevitably draw government into religious matters. The First Amendment, however, was meant to be a departure from the thinking that had preceded it for nearly fifteen hundred years. Curry traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the amendment created a right--the right to free exercise of religion--and that the courts are the guardians of that right. The First Amendment is, in fact, a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right. Here, Curry shows that the key to finding more coherence between Church-State decisions and the historical meaning and purpose of the First Amendment lies in embracing this understanding of the Amendment as a limitation on government.

Perfectionism and Neutrality

Author : Klosko
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 0585466556
Total Pages : 300 pages
Book Rating : 4.5/5 (854 download)

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Book Synopsis Perfectionism and Neutrality by : Klosko

Download or read book Perfectionism and Neutrality written by Klosko and published by Rowman & Littlefield Publishers. This book was released on 2004-09-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, the debate between neutrality and perfectionism has been at the center of political philosophy. Now Perfectionism and Neutrality: Essays in Liberal Theory brings together classic papers and new ideas on both sides of the discussion. Editors George Klosko and Steven Wall provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible to everyone interested in the interaction between morals and the state.

Interpreting the Free Exercise of Religion

Author : Bette Novit Evans
Publisher : Univ of North Carolina Press
ISBN 13 : 0807861340
Total Pages : 305 pages
Book Rating : 4.8/5 (78 download)

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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.

The Blessings of Liberty

Author : John Witte, Jr.
Publisher : Cambridge University Press
ISBN 13 : 1108429203
Total Pages : 333 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Blessings of Liberty by : John Witte, Jr.

Download or read book The Blessings of Liberty written by John Witte, Jr. and published by Cambridge University Press. This book was released on 2021-11-04 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.

Masters of Illusion

Author : Frank S. Ravitch
Publisher : NYU Press
ISBN 13 : 0814769179
Total Pages : 446 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 446 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.

Wrestling with God

Author : Patrick M. Garry
Publisher : CUA Press
ISBN 13 : 0813214513
Total Pages : 241 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Wrestling with God by : Patrick M. Garry

Download or read book Wrestling with God written by Patrick M. Garry and published by CUA Press. This book was released on 2006 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts have often treated the two religion clauses of the First Amendment as contradictory, with the free exercise clause used to protect religious practices and the establishment clause employed to limit the public expression of religious beliefs. Wrestling with God not only reconciles the relationship between the two clauses but also distinguishes them in terms of their respective purposes.

Worlds Colliding

Author : Rex J. Ahdar
Publisher : Routledge
ISBN 13 : 1351751468
Total Pages : 447 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Worlds Colliding by : Rex J. Ahdar

Download or read book Worlds Colliding written by Rex J. Ahdar and published by Routledge. This book was released on 2017-07-12 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. Worlds Colliding argues that the prevailing worldview held by those in positions of power in Western government sets the bounds for religious tolerance.Â It explores the degree to which a modern liberal state will allow a counter-cultural community the freedom to live according to its concept of the good life.

Over the Wall

Author : Frank Guliuzza
Publisher : SUNY Press
ISBN 13 : 9780791444504
Total Pages : 230 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis Over the Wall by : Frank Guliuzza

Download or read book Over the Wall written by Frank Guliuzza and published by SUNY Press. This book was released on 2000-01-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the relationship between the secularization of American society and Supreme Court decisions regarding the separation of church and state and offers a judicial alternative.

The Future of Liberalism

Author : Alan Wolfe
Publisher : Vintage
ISBN 13 : 0307386252
Total Pages : 370 pages
Book Rating : 4.3/5 (73 download)

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Book Synopsis The Future of Liberalism by : Alan Wolfe

Download or read book The Future of Liberalism written by Alan Wolfe and published by Vintage. This book was released on 2010-02-09 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling and deeply felt exploration and defense of liberalism: what it actually is, why it is relevant today, and how it can help our society chart a forward course. The Future of Liberalism represents the culmination of four decades of thinking and writing about contemporary politics by Alan Wolfe, one of America’s leading scholars, hailed by one critic as “one of liberalism’s last and most loyal sons.” Wolfe mines the bedrock of the liberal tradition, explaining how Immanuel Kant, John Stuart Mill, John Dewey, and other celebrated minds helped shape liberalism’s central philosophy. Wolfe also examines those who have challenged liberalism since its inception, from Jean-Jacques Rousseau to modern conservatives, religious fundamentalists, and evolutionary theorists such as Richard Dawkins. Drawing on both the inspiration and insights of seminal works such as John Locke’s Second Treatise on Government, Adam Smith’s Theory of Moral Sentiments, Kant’s essay “What is Enlightenment?,” and Mill’s On Liberty and The Subjection of Women, Wolfe ambitiously sets out to define what it truly means to be a liberal. He analyzes and applauds liberalism’s capacious conception of human nature, belief that people outweigh ideology, passion for social justice, faith in reason and intellectual openness, and respect for individualism. And we see how the liberal tradition can influence and illuminate contemporary debates on immigration, abortion, executive power, religious freedom, and free speech. But Wolfe also makes it clear that before liberalism can be successfully applied to today’s problems, it needs to be recovered, understood, and embraced—not just by Americans but by all modern people—as the most beneficial way to live in our complex modern world. The Future of Liberalism is a crucial, enlightening, and immensely rewarding step in that direction.