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The Establishment Clause
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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.
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 The First Liberty by : William Lee Miller
Download or read book The First Liberty written by William Lee Miller and published by . This book was released on 2003 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the concept of religion-based politics has taken on new and sometimes ominous tones--even within the United States--it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion--a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare--and demonstrates how the right to hold any religious belief has dynamically shaped American political life.
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 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 American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis The United States a Christian Nation by : David Josiah Brewer
Download or read book The United States a Christian Nation written by David Josiah Brewer and published by . This book was released on 1905 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Andrew W Mellon All-Claremont Professor of Humanities and Chairman of the Graduate Faculty of History Leonard W Levy Publisher : ISBN 13 :9780807862933 Total Pages : pages Book Rating :4.8/5 (629 download)
Book Synopsis The Establishment Clause by : Andrew W Mellon All-Claremont Professor of Humanities and Chairman of the Graduate Faculty of History Leonard W Levy
Download or read book The Establishment Clause written by Andrew W Mellon All-Claremont Professor of Humanities and Chairman of the Graduate Faculty of History Leonard W Levy and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Religious Expression in Public Schools by :
Download or read book Religious Expression in Public Schools written by and published by . This book was released on 1998 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Encyclopedia Of First Amendment Set by : John Vile
Download or read book Encyclopedia Of First Amendment Set written by John Vile and published by CQ Press. This book was released on 2008-09-25 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.
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.
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.
Book Synopsis Christian Legal Thought by : Patrick M. Brennan
Download or read book Christian Legal Thought written by Patrick M. Brennan and published by Foundation Press. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
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."--
Download or read book Madison's Music written by Burt Neuborne and published by New Press, The. This book was released on 2011-05-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York
Book Synopsis Religious Convictions and Political Choice by : Kent Greenawalt
Download or read book Religious Convictions and Political Choice written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1991 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far may Americans properly rely on their religious beliefs when they make and defend political decisions? For example, are ordinary citizens or legislators doing something wrong when they consciously allow their decisions respecting abortion laws to be determined by their religious views? Despite its intense contemporary relevance, the full dimensions of this issue have until now not been thoroughly examined. Religious Convictions and Political Choice represents the first attempt to fill this gap. Beginning with an account of the basic premises of our liberal democracy, Greenawalt moves to a comparison between rational secular grounds of decision and grounds based on religious convictions. He discusses particular issues such as animal rights and abortion, showing how religious convictions can bear on an individual's decisions about them, and inquires whether reliance on such convictions is compatible with liberal democratic premises. In conclusion, he argues that citizens cannot be expected to rely exclusively on rational, secular grounds.
