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Author: Steven Douglas Smith Publisher: Oxford University Press, USA ISBN: 0195132483 Category : Church and state Languages : en Pages : 190
Book Description
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.
Author: Steven Douglas Smith Publisher: Oxford University Press, USA ISBN: 0195132483 Category : Church and state Languages : en Pages : 190
Book Description
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.
Author: Ellis M. West Publisher: Lexington Books ISBN: 0739146793 Category : Law Languages : en Pages : 218
Book Description
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
Author: Donald L. Drakeman Publisher: Cambridge University Press ISBN: 0521119189 Category : Law Languages : en Pages : 383
Book Description
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.
Author: Jed Rubenfeld Publisher: Harvard University Press ISBN: 9780674017153 Category : Law Languages : en Pages : 260
Book Description
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.
Author: James Davids Publisher: Rowman & Littlefield ISBN: 1498570607 Category : Law Languages : en Pages : 379
Book Description
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.
Author: Paul Horwitz Publisher: Oxford University Press, USA ISBN: 019973772X Category : Language Arts & Disciplines Languages : en Pages : 351
Book Description
"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.
Author: R. Jonathan Moore Publisher: Wm. B. Eerdmans Publishing ISBN: 0802840442 Category : Law Languages : en Pages : 225
Book Description
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.
Author: Marc O. DeGirolami Publisher: Harvard University Press ISBN: 0674074157 Category : Law Languages : en Pages : 362
Book Description
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.
Author: Thomas J. Curry Publisher: Oxford University Press ISBN: 0190287063 Category : Religion Languages : en Pages : 160
Book Description
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.
Author: Klosko Publisher: Rowman & Littlefield Publishers ISBN: 0585466556 Category : Philosophy Languages : en Pages : 300
Book Description
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.
Author: Steven Douglas Smith
Author: Steven Douglas Smith
Author: Ellis M. West
Author: Donald L. Drakeman
Author: Jed Rubenfeld
Author: James Davids
Author: Paul Horwitz
Author: R. Jonathan Moore
Author: Marc O. DeGirolami
Author: Thomas J. Curry
Author: Klosko