The Religion Clauses of the First Amendment PDF Download

Author: Ellis M. West
Publisher: Lexington Books
ISBN: 0739146793
Category : Law
Languages : en
Pages : 218

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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: Paul Horwitz
Publisher: Oxford University Press
ISBN: 0199876304
Category : Law
Languages : en
Pages : 352

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Book Description
The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the 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 only 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. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.

Author: Rex Ahdar
Publisher: OUP Oxford
ISBN: 019164871X
Category : Law
Languages : en
Pages : 528

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Book Description
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Author: S. Ilesanmi
Publisher: Springer
ISBN: 1137447761
Category : Social Science
Languages : en
Pages : 279

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Book Description
This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.

Author: Gerard V. Bradley
Publisher: Cambridge University Press
ISBN: 1107012449
Category : Law
Languages : en
Pages : 231

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Book Description
Almost everyone today affirms and applauds "religious liberty." But different and sometimes irreconcilable conceptions of religious liberty have emerged in our world, often as responses to specific challenges (for example, globalization or Islamic immigration). In this book, scholars in law, theology, and political theory exchange views on five specific challenges to religious liberty in the twenty-first century.

Author: Klosko
Publisher: Rowman & Littlefield Publishers
ISBN: 0585466556
Category : Philosophy
Languages : en
Pages : 300

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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: Frank S. Ravitch
Publisher: NYU Press
ISBN: 0814769179
Category : Law
Languages : en
Pages : 446

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Book Description
Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

Author: Patrick M. Garry
Publisher: CUA Press
ISBN: 0813214513
Category : Law
Languages : en
Pages : 241

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Book Description
Courts have often treated the two religion clauses of the First Amendment as contradictory, with the free exercise clause used to protect religious practices and the establishment clause employed to limit the public expression of religious beliefs. Wrestling with God not only reconciles the relationship between the two clauses but also distinguishes them in terms of their respective purposes.

Author: Rex J. Ahdar
Publisher: Routledge
ISBN: 1351751468
Category : Law
Languages : en
Pages : 447

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Book Description
This title was first published in 2001. Worlds Colliding argues that the prevailing worldview held by those in positions of power in Western government sets the bounds for religious tolerance. It explores the degree to which a modern liberal state will allow a counter-cultural community the freedom to live according to its concept of the good life.

Author: Frank Guliuzza
Publisher: SUNY Press
ISBN: 9780791444504
Category : Religion
Languages : en
Pages : 230

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Book Description
Discusses the relationship between the secularization of American society and Supreme Court decisions regarding the separation of church and state and offers a judicial alternative.