Religion, Law and the Growth of Constitutional Thought PDF Download

Author: Brian Tierney
Publisher:
ISBN:
Category :
Languages : en
Pages : 114

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Author: Harold Joseph Berman
Publisher:
ISBN:
Category :
Languages : en
Pages : 1137

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Author: Paul T. Babie
Publisher: Edward Elgar Publishing
ISBN: 1788977807
Category : Law
Languages : en
Pages : 416

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Book Description
Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

Author: Michael W. McConnell
Publisher: Aspen Publishing
ISBN: 145487614X
Category : Law
Languages : en
Pages : 903

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Book Description
Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

Author: DANIEL. CONKLE
Publisher: Foundation Press
ISBN: 9781636591186
Category :
Languages : en
Pages : 0

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Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Author: Isaac Weiner
Publisher: NYU Press
ISBN: 1479893366
Category : Religion
Languages : en
Pages : 318

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Book Description
Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.

Author: Elizabeth Eddy
Publisher: Routledge
ISBN: 1351493876
Category : Law
Languages : en
Pages : 128

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Book Description
There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.

Author: Peter Radan
Publisher: Routledge
ISBN: 1134289693
Category : Religion
Languages : en
Pages : 420

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Book Description
The intersection of law and religion is a growing area of study for academics working in both subject areas. This book draws together research on several collisions between the two arenas, including a study of religious clauses in the US constitution and the interplay between religion and law in Canada, Australia and South Africa. With an emphasis on common law traditions, this book will be essential reading for researchers and advanced students of law and religion.

Author: Christopher L. Eisgruber
Publisher: Harvard University Press
ISBN: 9780674023055
Category : Political Science
Languages : en
Pages : 362

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Book Description
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.