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Author: Erwin Chemerinsky Publisher: Oxford University Press, USA ISBN: 0190699736 Category : Law Languages : en Pages : 241
Book Description
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Author: Erwin Chemerinsky Publisher: Oxford University Press, USA ISBN: 0190699736 Category : Law Languages : en Pages : 241
Book Description
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Author: Ellis M. West Publisher: ISBN: 9780739146781 Category : Church and state Languages : en Pages : 0
Book Description
Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.
Author: Frank S. Ravitch Publisher: NYU Press ISBN: 0814775853 Category : Law Languages : en Pages : 254
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: Kent Greenawalt Publisher: Harvard University Press ISBN: 0674972201 Category : Law Languages : en Pages : 305
Book Description
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
Author: J. David Holcomb Publisher: Rowman & Littlefield ISBN: 0739149032 Category : Law Languages : en Pages : 247
Book Description
Guardian of the Wall examines Leo Pfeffer's church-state thought and its influence on the U.S. Supreme Court. The book argues that Pfeffer’s understanding of the First Amendment’s religion clauses, shaped as it was by his historical and religious context, led him to advocate a separationist historical narrative and absolutist application of the Establishment and Free Exercise Clauses. Pfeffer’s jurisprudence was pivotal in shaping the U.S. Supreme Court’s interpretation of the First Amendment throughout the last half of the twentieth century. Guardian of the Wall challenges the popular contention that Pfeffer’s separationist philosophy was hostile to religion and sought to remove religion from the public square. Instead, it illustrates how Pfeffer believed a broad reading of both religion clauses protected religious freedom, secured religious equality, and fostered authentic participation of religion in public life. The book concludes by analyzing the Court’s shift away from the strict separation of church and state during the past thirty years and contends that the Court should reconsider Pfeffer’s approach to the First Amendment’s religion clauses.
Author: Leonard W. Levy Publisher: UNC Press Books ISBN: 146962043X Category : Law Languages : en Pages : 222
Book Description
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
Author: Jack N. Rakove Publisher: ISBN: 0195305817 Category : History Languages : en Pages : 241
Book Description
In Beyond Belief, Beyond Conscience, Pulitzer Prize-winning author Jack Rakove makes broad claims about how religious freedom affects us. He contrasts the radical course of American developments with the more complicated ways in which Europeans tried to promote religious tolerance. He argues that both freedom of conscience and disestablishment were critical constitutional principles whose significance we no longer fully appreciate. Rakove explains why Jefferson's and Madison's understanding of these concepts were influential to their constitutional thinking. And he examines some of our contemporary controversies over church and state from the vantage point, not of legal doctrine, but of the deeper history that gave the U.S. its unique approach to religious freedom.
Author: Ira C. Lupu Publisher: Wm. B. Eerdmans Publishing ISBN: 0802870791 Category : Political Science Languages : en Pages : 279
Book Description
In this book Ira Lupu and Robert Tuttle break through the unproductive American debate over competing religious rights. They present an original theory that makes the secular character of the American government, rather than a set of individual rights, the centerpiece of religious liberty in the United States. Through a comprehensive treatment of relevant constitutional themes and through their attention to both historical concerns and contemporary controversies — including issues often in the news — Lupu and Tuttle define and defend the secular character of U.S. government.
Author: Erwin Chemerinsky
Author: Erwin Chemerinsky
Author: Ellis M. West
Author: Frank S. Ravitch
Author: Kent Greenawalt
Author: J. David Holcomb
Author: Leonard W. Levy
Author: Jack N. Rakove
Author: Peter Wenz
Author: Ira C. Lupu
Author: Daniel O. Conkle