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Author: Scott Rutledge Publisher: Algora Publishing ISBN: 1628943629 Category : Political Science Languages : en Pages : 156
Book Description
The U.S. Supreme Court has ceased to be a strictly legal institution, if it ever was one. That?s why we see such impassioned political struggles over any appointment of a new Justice. The contentiousness includes, moreover, the nature of the role which the Justices now claim for themselves, that of an originator of new laws and policies. The question is explored here through a careful selection and reassessment of a dozen very interesting and controversial cases. A central role of the Supreme Court is the assessment of our laws, state and federal, for conformity with the authorizations and limitations set forth in the Constitution. When the Justices issue rulings which lack any persuasive connection, sometimes even any plausible connection to the constitutional text, what is happening? Many Americans are perplexed, or distressed ? or occasionally inspired ? by the nation?s highest tribunal. The Court?s power now rivals that of the legislative and executive branches, and the Justices? ambitions often seem vast. The author argues that the Court has handed down decisions which are essentially religious in character, while speaking the language of constitutional interpretation.
Author: Scott Rutledge Publisher: Algora Publishing ISBN: 1628943629 Category : Political Science Languages : en Pages : 156
Book Description
The U.S. Supreme Court has ceased to be a strictly legal institution, if it ever was one. That?s why we see such impassioned political struggles over any appointment of a new Justice. The contentiousness includes, moreover, the nature of the role which the Justices now claim for themselves, that of an originator of new laws and policies. The question is explored here through a careful selection and reassessment of a dozen very interesting and controversial cases. A central role of the Supreme Court is the assessment of our laws, state and federal, for conformity with the authorizations and limitations set forth in the Constitution. When the Justices issue rulings which lack any persuasive connection, sometimes even any plausible connection to the constitutional text, what is happening? Many Americans are perplexed, or distressed ? or occasionally inspired ? by the nation?s highest tribunal. The Court?s power now rivals that of the legislative and executive branches, and the Justices? ambitions often seem vast. The author argues that the Court has handed down decisions which are essentially religious in character, while speaking the language of constitutional interpretation.
Author: Ken Starr Publisher: Encounter Books ISBN: 164177181X Category : Law Languages : en Pages : 192
Book Description
What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.
Author: William Lee Miller Publisher: ISBN: 9780878408993 Category : History Languages : en Pages : 280
Book Description
At a time when the concept of religion-based politics has taken on new and sometimes ominous tones--even within the United States--it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion--a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare--and demonstrates how the right to hold any religious belief has dynamically shaped American political life.
Author: Robert Forte Publisher: Simon and Schuster ISBN: 1594777977 Category : Body, Mind & Spirit Languages : en Pages : 230
Book Description
A study of the importance of psychedelic plants and drugs in religion and society • With contributions by Albert Hofmann, R. Gordon Wasson, Jack Kornfield, Terence McKenna, the Shulgins, Rick Strassman, and others • Explores the importance of academic and religious freedom in the study of psychedelics and the mind • Exposes the need for an organized spiritual context for entheogen use in order to fully realize their transformative and sacred value We live in a time when a great many voices are calling for a spiritual renewal to address the problems that face humanity, yet the way of entheogens--one of the oldest and most widespread means of attaining a religious experience--is forbidden, surrounded by controversy and misunderstanding. Widely employed in traditional shamanic societies, entheogens figure prominently in the origins of religion and their use continues today throughout the world. They alter consciousness in such a profound way that, depending on the set and setting, they can produce the ultimate human experiences: union with God or revelation of other mystical realities. With contributions by Albert Hofmann, Terence McKenna, Ann and Alexander Shulgin, Thomas Riedlinger, Dale Pendell, and Rick Strassman as well as interviews with R. Gordon Wasson and Jack Kornfield, this book explores ancient and modern uses of psychedelic drugs, emphasizing the complementary relationship between science and mystical experience and the importance of psychedelics to the future of religion and society. Revealing the mystical-religious possibilities of substances such as psilocybin mushrooms, mescaline, and LSD, this book exposes the vital need for developing an organized spiritual context for their use in order to fully realize their transformative and sacred value. Stressing the importance of academic and religious freedom, the authors call for a revival of scientific and religious inquiry into entheogens so they may be used safely and legally by those seeking to cultivate their spiritual awareness.
Author: Paul Horwitz Publisher: Harvard University Press ISBN: 0674070925 Category : Law Languages : en Pages : 490
Book Description
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Author: John Corvino Publisher: Oxford University Press ISBN: 0190603070 Category : Philosophy Languages : en Pages : 353
Book Description
This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.
Author: David A. Strauss Publisher: Oxford University Press ISBN: 0199703698 Category : Law Languages : en Pages : 171
Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author: Jacob T. Levy Publisher: OUP Oxford ISBN: 0191026670 Category : Political Science Languages : en Pages : 337
Book Description
Intermediate groups— voluntary associations, churches, ethnocultural groups, universities, and more-can both protect threaten individual liberty. The same is true for centralized state action against such groups. This wide-ranging book argues that, both normatively and historically, liberal political thought rests on a deep tension between a rationalist suspicion of intermediate and local group power, and a pluralism favorable toward intermediate group life, and preserving the bulk of its suspicion for the centralizing state. The book studies this tension using tools from the history of political thought, normative political philosophy, law, and social theory. In the process, it retells the history of liberal thought and practice in a way that moves from the birth of intermediacy in the High Middle Ages to the British Pluralists of the twentieth century. In particular it restores centrality to the tradition of ancient constitutionalism and to Montesquieu, arguing that social contract theory's contributions to the development of liberal thought have been mistaken for the whole tradition. It discusses the real threats to freedom posed both by local group life and by state centralization, the ways in which those threats aggravate each other. Though the state and intermediate groups can check and balance each other in ways that protect freedom, they may also aggravate each other's worst tendencies. Likewise, the elements of liberal thought concerned with the threats from each cannot necessarily be combined into a single satisfactory theory of freedom. While the book frequently reconstructs and defends pluralism, it ultimately argues that the tension is irreconcilable and not susceptible of harmonization or synthesis; it must be lived with, not overcome.
Author: Scott Rutledge
Author: Scott Rutledge
Author: Ken Starr
Author: William Lee Miller
Author: Robert Forte
Author: Paul Horwitz
Author: Joseph Story
Author: Samuel D. Brandeis, Louis D. Warren
Author: John Corvino
Author: David A. Strauss
Author: Jacob T. Levy