The Constitution & religion

leading Supreme Court cases on church and state

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Author: Robert S. Alley

Publisher: N.A

ISBN: N.A

Category: Law

Page: 545

View: 6999

It has been sixty years since the Supreme Court first addressed the subject of "Church and State" under what has come to be known as the incorporation doctrine, interpreting the Fourteenth Amendment to the Constitution as extending the First Amendment "religion clauses" to state and municipal actions. Edited with a carefully prepared historical introduction that places the First Amendment in the context of eighteenth-century debates over religious freedom, The Constitution and Religion offers a fresh analysis of the amendment's origins. In a collection of fifty recent and historical decisions concerning freedom of religion, Robert S. Alley places readers at the heart of the national debate, presenting the cases without editorial comment. By carefully extracting extended footnoting and citations that, in the full text, tend to separate legal opinions from public interest, Alley has cast the justices' thoughts in a format that captures the drama and, frequently, the eloquence of the prose that is, for now, the law of the land.

The Oxford Handbook of Church and State in the United States

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Author: Derek H. Davis

Publisher: Oxford University Press

ISBN: 0199716935

Category: Religion

Page: 592

View: 2796

Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Supreme Court A to Z

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Author: Kenneth Jost

Publisher: SAGE

ISBN: 1608717445

Category: Political Science

Page: 668

View: 2115

The Supreme Court A to Z offers accessible information about the Supreme Court, including its history, traditions, organization, dynamics, and personalities. The entries in The Supreme Court A to Z are arranged alphabetically and are extensively cross-referenced to related information. This volume also has a detailed index, reference materials on Supreme Court nominations, a seat chart of the justices, the U.S. Constitution, online sources of decisions, and a bibliography to help simplify research. The fifth edition of The Supreme Court A to Z has been thoroughly updated to incorporate coverage of significant new cases and recent changes on the bench and includes more than 350 alphabetized entries. Presented in an engaging reader-friendly design, this edition includes: - Biographies of recently appointed Associate Justices Elena Kagan and Sonia Sotomayor - Updated entries on key issues and concepts, including abortion, campaigns and elections, civil rights, class action, due process, freedom of the press, retired justices, reapportionment and redistricting, school desegregation, and war powers - New entries on criminal law and media and the court, which highlights the Court's online presence - This timely resource also includes updated seat charts of the justices, online sources for finding decisions, and a selected bibliography The Supreme Court A to Z is part of CQ Press's five-volume American Government A to Z series.

Religious Liberty in the Supreme Court

The Cases that Define the Debate Over Church and State

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Author: Terry Eastland

Publisher: William B. Eerdmans Publishing Company

ISBN: N.A

Category: Law

Page: 516

View: 4063

"Twenty-five" cases, decided bewteen 1940 and 1992, including the upholding of a Minnesota law in the 1983 Mueller v. Allen case, are "introduced, excerpted, and annotated", with editorial comment on "fifteen of the cases ... from such sources as the New York Times, the Washington Post, The Christian Century, and The New Republic", as well as "comment on trends in the Court's religion-clause jurisprudence and their implications for our public life" by three legal scholars. Includes index of cases and judges.

Die Federalist papers

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Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 7792

SEPARATION OF CHURCH AND STATE

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Author: Philip HAMBURGER

Publisher: 清华大学出版社有限公司

ISBN: 9780674007345

Category: History

Page: 514

View: 8650

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.

Die Reformation der Rechte

Recht, Religion und Menschenrechte im frühen Calvinismus

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Author: John Witte Jr.

Publisher: Vandenhoeck & Ruprecht

ISBN: 3788728345

Category: Religion

Page: 422

View: 4386

Johannes Calvin entwickelte ein neues Verständnis von Rechten und Freiheiten, von Kirche und Staat, das das Rechtssystem der frühen protestantischen Staaten formte. Seine Lehren, die sich schnell in Westeuropa ausbreiteten, wurden immer wieder durch große Krisen herausgefordert: die französischen Religionskriege, die niederländische Revolte, die englische Revolution, die amerikanische Kolonisation und Revolution. In solchen Krisen waren es Anhänger Calvins, die sein Denken aktualisierten und der neuen Situation anpassten. Eine Reihe grundlegender westlicher Auffassungen von Religion und politischen Rechten, sozialem und konfessionellem Pluralismus, Föderalismus und Gesellschaftsvertrag haben im frühmodernen Calvinismus ihren Ursprung.

Religion and the Constitution, Volume 1

Free Exercise and Fairness

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Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9781400827527

Category: Law

Page: 480

View: 1658

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Religion and the American Constitutional Experiment

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Author: Joel A. Nichols

Publisher: Oxford University Press

ISBN: 0190459425

Category: LAW

Page: 424

View: 1489

"This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--

Secularism on the Edge

Rethinking Church-State Relations in the United States, France, and Israel

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Author: J. Berlinerblau,S. Fainberg,A. Nou

Publisher: Springer

ISBN: 1137380373

Category: Social Science

Page: 299

View: 6041

In this dynamic and wide-ranging collection of essays, prominent scholars examine the condition of church-state relations in the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and the law.

Religion, State, and the Burger Court

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Author: Leo Pfeffer

Publisher: N.A

ISBN: N.A

Category: Law

Page: 310

View: 4149

In Religion, State and the Burger Court, Leo Pfeffer, the leading authority on church/state law, presents a trenchant analysis of the decisions of the Supreme Court under Chief Justice Warren E. Burger, focusing on the Court's interpretation of the First and Fourteenth Amendments. These amendments that guarantee the separation of church and state and the free exercise of religion are fundamental to the unique character of democracy as it exists in the United States. However, the distinction between affairs of state and the concerns of organized religion has become blurred. In his examination of the Burger Court, Pfeffer found that, initially, it followed the precedents established by earlier courts and in some major respects it went even further. For example, it extended the ban on public school prayer and ruled financial aid to church-related schools to be unconstitutional. However, with the election of Ronald Reagan, the Burger Court moved toward greater accommodation and away from a separatist position. Pfeffer's description of these Supreme Court cases is nonpartisan and illuminates the legal issues and implications of these decisions for a lay audience. However, well-known as a strict separationist, Pfeffer does not withhold his own partisan judgement as to the significance and correctness of these decisions and the dangerous direction in which they may lead the court.

Ein säkulares Zeitalter

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Author: Charles Taylor

Publisher: Suhrkamp Verlag

ISBN: 3518740407

Category: Philosophy

Page: 1299

View: 368

Was heißt es, daß wir heute in einem säkularen Zeitalter leben? Was ist geschehen zwischen 1500 – als Gott noch seinen festen Platz im naturwissenschaftlichen Kosmos, im gesellschaftlichen Gefüge und im Alltag der Menschen hatte – und heute, da der Glaube an Gott, jedenfalls in der westlichen Welt, nur noch eine Option unter vielen ist? Um diesen Wandel zu bestimmen und in seinen Folgen für die gegenwärtige Gesellschaft auszuloten, muß die große Geschichte der Säkularisierung in der nordatlantischen Welt von der frühen Neuzeit bis in die Gegenwart erzählt werden – ein herkulisches Unterfangen, dem sich der kanadische Philosoph Charles Taylor in seinem mit Spannung erwarteten neuen Buch stellt. Mit einem Fokus auf dem »lateinischen Christentum«, dem vorherrschenden Glauben in Europa, rekonstruiert er in geradezu verschwenderischem Detail die entscheidenden Entwicklungslinien in den Naturwissenschaften, der Philosophie, der Staats- und Rechtstheorie und in den Künsten. Dem berühmten Diktum von der wissenschaftlich-technischen »Entzauberung der Welt« und anderen eingeschliffenen Säkularisierungstheorien setzt er die These entgegen, daß es die Religion selbst war, die das Säkulare hervorgebracht hat, und entfaltet eine komplexe Mentalitätsgeschichte des modernen Subjekts, das heute im Niemandsland zwischen Glauben und Atheismus gefangen ist.

Religion and the Constitution

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Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9780691125824

Category: Law

Page: 455

View: 8317

Calling throughout for religion to be taken more seriously as a force for meaning in peoplee lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahh Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OOonnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc.

Church, State, and Original Intent

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Author: Donald L. Drakeman

Publisher: Cambridge University Press

ISBN: 0521119189

Category: Law

Page: 371

View: 5809

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.

Church, State, and Freedom

Revised Edition

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Author: Leo Pfeffer

Publisher: Wipf and Stock Publishers

ISBN: 1532644523

Category: History

Page: 848

View: 8895

“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)

Law and Religious Pluralism in Canada

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Author: Richard J. Moon

Publisher: UBC Press

ISBN: 0774858532

Category: Religion

Page: 328

View: 3256

Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

The Future of Religion in American Politics

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Author: Charles W. Dunn

Publisher: University Press of Kentucky

ISBN: 0813138906

Category: Political Science

Page: 288

View: 2264

Should parents receive vouchers to send their children to religious schools? What limits -- if any -- should the government place on abortion? Should the government permit and fund stem cell research? Should religious organizations have the right to prohibit the employment of homosexuals? Should public schools teach both creationism and evolution? How does religion influence our political stances on gay marriage? The death penalty? Immigration? The issues are real. The emotions are intense. The solutions are difficult to reach and often problematic. From the White House to the courthouse, from governors' mansions to the United States Supreme Court, religion factors into many contemporary legal controversies. Efforts to establish the proper balance between church and state create heated debates in America and raise seemingly insoluble questions. Politicians and their advisers walk a fine line when addressing religious issues in an increasingly pluralistic society where religious factions attempt to impose their values on the electoral and legislative processes. The Future of Religion in American Politics presents thoughtful, wide-ranging essays by twelve eminent public intellectuals and scholars, offering rich and stimulating views on one of the most divisive issues of our time. Editor Charles W. Dunn and the contributors assess the impact of religion on American politics in four distinct time periods: the founding, the Civil War, the New Deal era, and the modern era. Dunn out lines seven propositions that characterize the interaction of religion and politics during these time periods and describes how and why religion continues to influence politics in America. Contributors to this volume argue that whereas religion in the founding era held society together in a shared belief of the biblical portrayal of humanity, today's pluralistic religious interpretations of God appear to be tearing society apart. The rise of Islam and other world religions poses perplexing questions about the issue of tolerance. Can America survive as a free society without commonly accepted morals that are based in religion? Is America a secular society with a clear separation of church and state, or a government created and informed by ever-changing religious values? The Future of Religion in American Politics includes essays about religion in the public square, evangelical, and faith-based politics in presidential elections. The authors investigate many thought--provoking questions about the extent of religious influence in the U.S. government today and its likely impact in the future. Lucid and accessible, this book covers a wide range of issues and will be invaluable to students of politics, religious studies, and history.

With Liberty for All

Freedom of Religion in the United States

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Author: Phillip E. Hammond

Publisher: Westminster John Knox Press

ISBN: 9780664257682

Category: Religion

Page: 128

View: 1459

The United States is founded upon the principles of freedom of religion, although it has been difficult at times to understand and apply those principles. Phillip Hammond argues that the Constitution assumes a radical religious liberty, which protects the convictions of individual Americans, whether or not those convictions are explicitly religious. This book is an excellent guide to the church-state debate of today, and deepens that discussion by examining the root cause of disagreement about what freedom of religion means in America.

Church-State Cooperation Without Domination

A New Paradigm for Church-State Relations

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Author: C. Truett Baker

Publisher: Xlibris Corporation

ISBN: 1453504451

Category: Political Science

Page: 288

View: 5337

Church-State Cooperation Without Domination os a historical review highlighting the antecedents leading up to present day church-state relations in the United States. Successful models of cooperation between government and faith-based agencies are described with the final chapter suggesting a new model for church-state relations that protects religious freedom while preserving the principle of limited government involvement with religion. It isn't a question of if or should government and religion mix. They already do, but there is little consensus on how to balance separation and cooperation. This book addresses those issues.