The Religion Clauses

Author : Erwin Chemerinsky,Howard Gillman
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 44,9 Mb
Release : 2020
Category : Law
ISBN : 9780190699734

Get Book

The Religion Clauses by Erwin Chemerinsky,Howard Gillman Pdf

"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 : Kent Greenawalt
Publisher : Harvard University Press
Page : 304 pages
File Size : 40,9 Mb
Release : 2017-06-19
Category : Law
ISBN : 9780674978003

Get Book

When Free Exercise and Nonestablishment Conflict by Kent Greenawalt Pdf

“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?

Author : Frank S. Ravitch
Publisher : NYU Press
Page : 241 pages
File Size : 54,8 Mb
Release : 2007-04-01
Category : Law
ISBN : 9780814775851

Get Book

Masters of Illusion by Frank S. Ravitch Pdf

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 : Daniel O. Conkle
Publisher : Unknown
Page : 262 pages
File Size : 48,8 Mb
Release : 2009
Category : Freedom of religion
ISBN : STANFORD:36105134432512

Get Book

Constitutional Law by Daniel O. Conkle Pdf

Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices

Author : Ellis M. West
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2013-05-03
Category : Church and state
ISBN : 0739146785

Get Book

The Religion Clauses of the First Amendment by Ellis M. West Pdf

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 : J. David Holcomb
Publisher : Rowman & Littlefield
Page : 247 pages
File Size : 45,8 Mb
Release : 2020-11-13
Category : Law
ISBN : 9780739149034

Get Book

Guardian of the Wall by J. David Holcomb Pdf

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 : Ellis M. West
Publisher : Lexington Books
Page : 218 pages
File Size : 47,9 Mb
Release : 2012-07-10
Category : Law
ISBN : 9780739146798

Get Book

The Religion Clauses of the First Amendment by Ellis M. West Pdf

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 : Arlin M. Adams,Charles J. Emmerich
Publisher : University of Pennsylvania Press
Page : 189 pages
File Size : 41,5 Mb
Release : 2015-02-23
Category : Law
ISBN : 9780812292329

Get Book

A Nation Dedicated to Religious Liberty by Arlin M. Adams,Charles J. Emmerich Pdf

Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."

Author : Catharine Cookson
Publisher : Oxford University Press
Page : 288 pages
File Size : 40,9 Mb
Release : 2001-03-29
Category : Religion
ISBN : 9780198029625

Get Book

Regulating Religion by Catharine Cookson Pdf

Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.

Author : Jack N. Rakove
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 50,8 Mb
Release : 2020
Category : History
ISBN : 9780195305814

Get Book

Beyond Belief, Beyond Conscience by Jack N. Rakove Pdf

"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 : Leonard W. Levy
Publisher : UNC Press Books
Page : 300 pages
File Size : 40,6 Mb
Release : 2017-03-01
Category : Law
ISBN : 9781469620435

Get Book

The Establishment Clause by Leonard W. Levy Pdf

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 : Jesse H. Choper
Publisher : Quid Pro Books
Page : 272 pages
File Size : 43,8 Mb
Release : 2013-03
Category : Religion
ISBN : 9781610271721

Get Book

Securing Religious Liberty by Jesse H. Choper Pdf

Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this classic and much-cited book, a leading constitutional scholar proposed a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Jesse Choper's thoughtful and pragmatics guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Although Choper does not call for the wholesale overturning of judicial precedents or established social practices, the standards he has proposed would result in significant--and controversial--modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. Quality ebook formatting includes linked notes, active TOC, and linked Index and Table of Cases.

Author : Eugene Volokh
Publisher : Unknown
Page : 498 pages
File Size : 55,7 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105064206076

Get Book

The Religion Clauses and Related Statutes by Eugene Volokh Pdf

This new casebook is a problem-focused approach to the Religion Clauses and related materials on religion and government. It can also be adapted for teaching using the case method. This book contains not just the leading cases, but also: 1.) problems that provide good vehicles for discussing the law, 2.) a built-in outline of each doctrine, to be used together with the cases, and 3.) structured summaries of the main genres of policy arguments used in Religion Clause cases. It is also relatively concise at 450 pages of text, yet includes not just the purely constitutional material but also the important statutesâe"RFRA, RLUIPA, and Title VII's religious discrimination, accommodation, and harassment doctrines.

Author : Francis William O'Brien
Publisher : Unknown
Page : 286 pages
File Size : 54,8 Mb
Release : 1958
Category : Church and state
ISBN : UCAL:$B565257

Get Book

Justice Reed and the First Amendment by Francis William O'Brien Pdf

Author : United States. Department of Justice. Office of Legal Policy
Publisher : Unknown
Page : 190 pages
File Size : 52,6 Mb
Release : 1988
Category : Church and state
ISBN : UCAL:B4177870

Get Book

Religious Liberty Under the Free Exercise Clause by United States. Department of Justice. Office of Legal Policy Pdf