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: 7494

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: 1298

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.

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: 8768

"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.

Religion and the Constitution

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Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9780691125824

Category: Law

Page: 455

View: 4102

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.

Supreme Court A to Z

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Author: Kenneth Jost

Publisher: SAGE

ISBN: 1608717445

Category: Political Science

Page: 668

View: 2250

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.

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: 4210

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.

Religion, State, and the Burger Court

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Author: Leo Pfeffer

Publisher: N.A

ISBN: N.A

Category: Law

Page: 310

View: 1051

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.

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: 9258

"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"--

Ein säkulares Zeitalter

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Author: Charles Taylor

Publisher: Suhrkamp Verlag

ISBN: 3518740407

Category: Philosophy

Page: 1299

View: 1729

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.

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: 3400

Establishment Clause: Religion and the First Amendment

Witnessing Their Faith

Religious Influence on Supreme Court Justices and Their Opinions

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Author: Jay Alan Sekulow

Publisher: Sheed & Ward

ISBN: 146167543X

Category: Political Science

Page: 368

View: 6833

When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion.

Religion and the State in American Law

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Author: Boris I. Bittker,Frank S. Ravitch,Scott Idleman

Publisher: Cambridge University Press

ISBN: 1107071828

Category: Law

Page: 992

View: 7298

This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.

Church, State, and Original Intent

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Author: Donald L. Drakeman

Publisher: Cambridge University Press

ISBN: 0521119189

Category: Law

Page: 371

View: 3372

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: 4366

“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)

The Separation of Church and State

Writings on a Fundamental Freedom by America's Founders

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Author: F. Forrester Church

Publisher: Beacon Press

ISBN: 9780807077221

Category: History

Page: 160

View: 9100

Now in paperback, a primer of essential writings about one of the cornerstones of our democracy by the original authors of the Constitution, edited by preeminant liberal theologian Forrest Church. Americans will never stop debating the question of church-state separation, and such debates invariably lead back to the nation’s beginnings and the founders’ intent. The Separation of Church and Statepresents a basic collection of the founders’ teachings on this topic. This concise primer gets past the rhetoric that surrounds the current debate, placing the founders’ vivid writings on religious liberty in historical perspective. Edited and with running commentary by Forrest Church, this important collection informs anyone curious about the original blueprint for our country and its government. From the Trade Paperback edition.

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: 6691

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: 2317

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 and the Constitution

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Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9780691125824

Category: Law

Page: 455

View: 7289

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.