Defending American Religious Neutrality

Author : Andrew Koppelman
Publisher : Harvard University Press
ISBN 13 : 0674067568
Total Pages : 252 pages
Book Rating : 4.61/5 ( download)

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Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.

Author : Andrew Koppelman
Publisher : Harvard University Press
ISBN 13 : 0674071077
Total Pages : 316 pages
Book Rating : 4.70/5 ( download)

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Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.

Author : Andrew Koppelman
Publisher : Harvard University Press
ISBN 13 : 9780674066465
Total Pages : 251 pages
Book Rating : 4.64/5 ( download)

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Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.

Author : Kent Greenawalt
Publisher : Harvard University Press
ISBN 13 : 0674978005
Total Pages : 304 pages
Book Rating : 4.03/5 ( download)

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Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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 : Andrew Koppelman
Publisher : Oxford University Press, USA
ISBN 13 : 0197500986
Total Pages : 215 pages
Book Rating : 4.89/5 ( download)

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Download or read book Gay Rights Vs. Religious Liberty? written by Andrew Koppelman and published by Oxford University Press, USA. This book was released on 2020-06-02 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.

Author : Andrew Koppelman
Publisher : Oxford University Press
ISBN 13 : 0199970041
Total Pages : 240 pages
Book Rating : 4.49/5 ( download)

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Download or read book The Tough Luck Constitution and the Assault on Health Care Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.

Author : Roy A. Clouser
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Myth of Religious Neutrality written by Roy A. Clouser and published by . This book was released on 2005 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a reinterpretation of the general relations between religion, science, and philosophy, arguing that scientific theories depend on religious commitments.

Author : Peter J. Leithart
Publisher : InterVarsity Press
ISBN 13 : 0830827226
Total Pages : 374 pages
Book Rating : 4.20/5 ( download)

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Download or read book Defending Constantine written by Peter J. Leithart and published by InterVarsity Press. This book was released on 2010-09-24 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Leithart weighs what we've been taught about Constantine and claims that in focusing on these historical mirages we have failed to notice the true significance of Constantine and Rome baptized. He reveals how beneath the surface of this contested story there lies a deeper narrative--a tectonic shift in the political theology of an empire--with far-reaching implications.

Author : American Library Association
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Chris Hedges
Publisher : Simon and Schuster
ISBN 13 : 0743284461
Total Pages : 309 pages
Book Rating : 4.62/5 ( download)

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Download or read book American Fascists written by Chris Hedges and published by Simon and Schuster. This book was released on 2008-01-08 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the celebrated author of "War Is a Force That Gives Us Meaning" comes a startling expos of the political ambitions of the Christian Right--a clarion call for everyone who cares about freedom.