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: 5070

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.

Religious Liberty and the American Supreme Court

The Essential Cases and Documents

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Author: Vincent Phillip Munoz

Publisher: Rowman & Littlefield

ISBN: 1442250321

Category: Political Science

Page: 688

View: 3871

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. This book represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America.

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: 3135

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.

The Establishment Clause

Religion and the First Amendment

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Author: Leonard Williams Levy

Publisher: Haworth Press

ISBN: 9780807844663

Category: History

Page: 273

View: 7410

Establishment Clause: Religion and the First Amendment

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: 4578

"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"--

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: 5316

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.

Taxing the Church

Religion, Exemptions, Entanglement, and the Constitution

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Author: Edward A. Zelinsky

Publisher: Oxford University Press

ISBN: 0190853964

Category: Law

Page: 272

View: 2127

This book explores the taxation and exemption of churches and other religious institutions, both empirically and normatively. This exploration reveals that churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject - federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes - fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt - general income taxes, value-based property taxes, unemployment taxes - are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, non-subsidizing goal of minimizing church-state enforcement entanglement and thus be regarded as part of a normative tax base. Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation reasonably make these legal and tax policy trade-offs, though there is room for improvement in particular settings such as the protection of internal church communications and the expansion of the churches' sales tax liabilities.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

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Author: Geoffrey R. Stone

Publisher: Liveright Publishing

ISBN: 1631493655

Category: Law

Page: 704

View: 3607

There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Original Intent

The Courts, the Constitution, and Religion

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Author: David Barton

Publisher: BookBaby

ISBN: 1932225854

Category: History

Page: 554

View: 1113

In their own words, the Supreme Court has become “a national theology board,” “a super board of education,” and amateur psychologists on a “psycho-journey.” The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: • a “Lemon Test” absurdly requiring religious expression to be secular, • an “Endorsement Test” pursuing an impossible neutrality between religion and secularism, • and a “Psychological Coercion Test” allowing a single dissenter to silence an entire community’s religious expression. Additional casualties of judicial activism have included protections for State’s rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? "Original Intent" answers these questions. By relying on thousands of primary sources, "Original Intent" documents (in the Founding Fathers’ own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality.

American Justice 2014

Nine Clashing Visions on the Supreme Court

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Author: Garrett Epps

Publisher: University of Pennsylvania Press

ISBN: 0812291301

Category: Law

Page: 192

View: 2263

In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.

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: 9777

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.

Separation of Church and State

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Author: Jonathan A. Wright

Publisher: ABC-CLIO

ISBN: 0313347700

Category: Religion

Page: 157

View: 3737

This tour of the American church/state issue revisits past controversies and personalities in the hope of enlightening present-day debates. • Chronological organization • A short, bibliographical essay at the end of each chapter highlighting sources of further reading

Does God Belong in Public Schools?

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Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 1400826276

Category: Education

Page: 272

View: 9294

Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.

God vs. the Gavel

Religion and the Rule of Law

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Author: Marci A. Hamilton

Publisher: Cambridge University Press

ISBN: 9781139445030

Category: Law

Page: N.A

View: 4476

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.

Supreme Court A to Z

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Author: Kenneth Jost

Publisher: SAGE

ISBN: 1608717445

Category: Political Science

Page: 668

View: 4519

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.

The Bible, the School, and the Constitution

The Clash that Shaped Modern Church-State Doctrine

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Author: Steven K. Green

Publisher: Oxford University Press

ISBN: 0199827915

Category: Religion

Page: 304

View: 1639

Steven K. Green tells the story of the nineteenth-century School Question, the nationwide debate over the place and funding of religious education, and how it became a crucial precedent for American thought about the separation of church and state.

Origins of the Bill of Rights

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Author: Leonard Williams Levy

Publisher: Yale University Press

ISBN: 9780300089011

Category: Law

Page: 306

View: 2882

In this history of the origins of the Bill of Rights, Pulitzer Prize-winning historian Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments to the Constitution. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations of James Madison and others who overcame fierce opposition to ensure the ratification of these crucial liberties.

The Supreme Court A to Z

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Author: Kenneth Jost

Publisher: CQ Press

ISBN: 1452234361

Category: Law

Page: 688

View: 7222

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, plus revised biographies for recently retired Associate Justices David Souter and John Paul Stevens Updated entries on key issues and concepts, including abortion, campaigns and elections, civil rights, class action, due process, freedom of the press, reapportionment and redistricting, school desegregation, and war powers A new entry on media and the Court, which highlights the Court's online presence New feature boxes on 2011 decisions Updated seat charts of the justices, online sources for finding decisions, and a selected bibliography An appendix with historic milestones of the Court The Supreme Court A to Z is part of CQ Press’s five-volume American Government A to Z series. The series is useful to anyone who has an interest in national government and politics.

Our Lost Constitution

The Willful Subversion of America's Founding Document

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Author: Mike Lee

Publisher: Penguin

ISBN: 0143108409

Category: History

Page: 256

View: 4765

In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution?s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution.

God and the Founders

Madison, Washington, and Jefferson

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Author: Vincent Phillip Muñoz

Publisher: Cambridge University Press

ISBN: 1139479725

Category: Political Science

Page: N.A

View: 8275

Did the Founding Fathers intend to build a 'wall of separation' between church and state? Are public Ten Commandments displays or the phrase 'under God' in the Pledge of Allegiance consistent with the Founders' understandings of religious freedom? In God and the Founders, Dr Vincent Phillip Muñoz answers these questions by providing comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison's, Washington's, and Jefferson's public documents, private writings, and political actions, Muñoz explains the Founders' competing church-state political philosophies. Muñoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court's most important First Amendment religion cases. God and the Founders answers the question, 'What would the Founders do?' for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individuals' religious consciences.