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Author: Ian C. Bartrum Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical foundations of disestablishment, and infers a constitutional structure designed to create a dialectical relationship between political institutions and social institutions. The structural thesis requires that our political institutions safeguard individual liberty of conscience by bracketing all religious questions. The antithesis ensures the existence of free and independent social organizations dedicated to building public virtue. The article then applies the structural model to two modern Establishment controversies: the funding of faith-based charities, and religious speech in public schools. The first application concludes that aid to religious charities violates the constitutional structure by injecting political motives and restrictions into the life of important social institutions. The second application concludes that public schools are actually social institutions that public aid has transformed into political institutions. While, theoretically, schools should not receive state funding, this article makes the (somewhat) less radical suggestion that we simply allow them to act as free and independent social institutions: that is, allow them to present whatever moral or religious messages they choose.
Author: Ian C. Bartrum Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical foundations of disestablishment, and infers a constitutional structure designed to create a dialectical relationship between political institutions and social institutions. The structural thesis requires that our political institutions safeguard individual liberty of conscience by bracketing all religious questions. The antithesis ensures the existence of free and independent social organizations dedicated to building public virtue. The article then applies the structural model to two modern Establishment controversies: the funding of faith-based charities, and religious speech in public schools. The first application concludes that aid to religious charities violates the constitutional structure by injecting political motives and restrictions into the life of important social institutions. The second application concludes that public schools are actually social institutions that public aid has transformed into political institutions. While, theoretically, schools should not receive state funding, this article makes the (somewhat) less radical suggestion that we simply allow them to act as free and independent social institutions: that is, allow them to present whatever moral or religious messages they choose.
Author: Randy E. Barnett Publisher: Aspen Publishing ISBN: 1454896574 Category : Law Languages : en Pages : 1172
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
Author: Steven Green Publisher: Oxford University Press ISBN: 019974159X Category : Religion Languages : en Pages : 471
Book Description
Debates over the proper relationship between church and state in America tend to focus either on the founding period or the twentieth century. Left undiscussed is the long period between the ratification of the Constitution and the 1947 Supreme Court ruling in Everson v. Board of Education, which mandated that the Establishment Clause applied to state and local governments. Steven Green illuminates this neglected period, arguing that during the 19th century there was a "second disestablishment." By the early 1800s, formal political disestablishment was the rule at the national level, and almost universal among the states. Yet the United States remained a Christian nation, and Protestant beliefs and values dominated American culture and institutions. Evangelical Protestantism rose to cultural dominance through moral reform societies and behavioral laws that were undergirded by a maxim that Christianity formed part of the law. Simultaneously, law became secularized, religious pluralism increased, and the Protestant-oriented public education system was transformed. This latter impulse set the stage for the constitutional disestablishment of the twentieth century. The Second Disestablishment examines competing ideologies: of evangelical Protestants who sought to create a "Christian nation," and of those who advocated broader notions of separation of church and state. Green shows that the second disestablishment is the missing link between the Establishment Clause and the modern Supreme Court's church-state decisions.
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: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 420
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Larry Kramer Publisher: Oxford University Press, USA ISBN: 9780195306453 Category : History Languages : en Pages : 380
Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: Jack N. Rakove Publisher: Oxford University Press, USA ISBN: 0195305817 Category : History Languages : en Pages : 241
Book Description
"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--
Author: Isaac Kramnick Publisher: W. W. Norton & Company ISBN: 9780393315240 Category : History Languages : en Pages : 196
Book Description
The Godless Constitution is a ringing rebuke to the religious right's attempts, fueled by misguided and inaccurate interpretations of American history, to dismantle the wall between church and state erected by the country's founders. The authors, both distinguished scholars, revisit the historical roots of American religious freedom, paying particular attention to such figures as John Locke, Roger Williams, and especially Thomas Jefferson, and examine the controversies, up to the present day, over the proper place of religion in our political life. With a new chapter that explores the role of religion in the public life of George W. Bush's America, The Godless Constitution offers a bracing return to the first principles of American governance.
Author: Steven Green Publisher: Oxford University Press ISBN: 0199889716 Category : Religion Languages : en Pages : 471
Book Description
Debates over the proper relationship between church and state in America tend to focus either on the founding period or the twentieth century. Left undiscussed is the long period between the ratification of the Constitution and the 1947 Supreme Court ruling in Everson v. Board of Education, which mandated that the Establishment Clause applied to state and local governments. Steven Green illuminates this neglected period, arguing that during the 19th century there was a "second disestablishment." By the early 1800s, formal political disestablishment was the rule at the national level, and almost universal among the states. Yet the United States remained a Christian nation, and Protestant beliefs and values dominated American culture and institutions. Evangelical Protestantism rose to cultural dominance through moral reform societies and behavioral laws that were undergirded by a maxim that Christianity formed part of the law. Simultaneously, law became secularized, religious pluralism increased, and the Protestant-oriented public education system was transformed. This latter impulse set the stage for the constitutional disestablishment of the twentieth century. The Second Disestablishment examines competing ideologies: of evangelical Protestants who sought to create a "Christian nation," and of those who advocated broader notions of separation of church and state. Green shows that the second disestablishment is the missing link between the Establishment Clause and the modern Supreme Court's church-state decisions.
Author: Ian C. Bartrum
Author: Ian C. Bartrum
Author: Randy E. Barnett
Author: Steven Green
Author: Erwin Chemerinsky
Author: Alexander Hamilton
Author: Rockne McCarthy
Author: Larry Kramer
Author: Jack N. Rakove
Author: Isaac Kramnick
Author: Steven Green