Religious Liberty Under The Free Exercise Clause

Author : United States. Department of Justice. Office of Legal Policy
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.94/5 ( download)

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Download or read book Religious Liberty Under the Free Exercise Clause written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Douglas Laycock
Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 0802865224
Total Pages : 872 pages
Book Rating : 4.29/5 ( download)

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Download or read book Religious Liberty, Volume 2 written by Douglas Laycock and published by Wm. B. Eerdmans Publishing. This book was released on 2010 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.

Author : United States. Dept. of Justice. Office of Legal Policy
Publisher :
ISBN 13 :
Total Pages : 165 pages
Book Rating : 4.17/5 ( download)

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Download or read book Religious Liberty Under the Free Exercise Clause : Report to the Attorney General written by United States. Dept. of Justice. Office of Legal Policy and published by . This book was released on 1986 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Catharine Cookson
Publisher : Oxford University Press
ISBN 13 : 0198029624
Total Pages : 288 pages
Book Rating : 4.25/5 ( download)

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Download or read book Regulating Religion written by Catharine Cookson and published by Oxford University Press. This book was released on 2001-03-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christopher L. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 9780674023055
Total Pages : 362 pages
Book Rating : 4.56/5 ( download)

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Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Author : Bette Novit Evans
Publisher : Univ of North Carolina Press
ISBN 13 : 0807861340
Total Pages : 305 pages
Book Rating : 4.49/5 ( download)

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Download or read book Interpreting the Free Exercise of Religion written by Bette Novit Evans and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and sociological insights about American religious experience. She surveys and evaluates several of the most well considered approaches to religious freedom and applies them to contemporary legal controversies, examining problems in defining religion and claims concerning the autonomy of religious institutions. Her conclusions about religious liberty are embedded in an appreciation of American pluralism: the guarantee of religious freedom, she argues, can be understood as an instrument for fostering alternative sources of meaning within a pluralistic political community.

Author : Ellis M. West
Publisher : Springer
ISBN 13 : 3030060527
Total Pages : 317 pages
Book Rating : 4.27/5 ( download)

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Download or read book The Free Exercise of Religion in America written by Ellis M. West and published by Springer. This book was released on 2019-02-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.

Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
ISBN 13 : 0226821447
Total Pages : 345 pages
Book Rating : 4.43/5 ( download)

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Download or read book Religious Liberty and the American Founding written by Vincent Phillip Muñoz and published by University of Chicago Press. This book was released on 2022-08-31 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--

Author : Erwin Chemerinsky
Publisher : Oxford University Press
ISBN 13 : 0190699744
Total Pages : 240 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press. This book was released on 2020-07-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend 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. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a 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 : Melvin I. Urofsky
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1576077349
Total Pages : 436 pages
Book Rating : 4.44/5 ( download)

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Download or read book Religious Freedom written by Melvin I. Urofsky and published by Bloomsbury Publishing USA. This book was released on 2002-04-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides in a single source a thorough grounding in the origin, development, and current controversies surrounding the free practice of religion. The first boatloads of European settlers did not come to America advocating religious tolerance. They came seeking the freedom to practice their own religion. Other sects, they believed, were wrong at best and, at worst, not to be tolerated. The question of what constitutes "legitimate," constitutionally protected religious practice has been debated ever since. Does it include the use of peyote? Polygamy? Refusing medical care for a sick child? Freedom of Religion follows the evolving understanding of the concept of religious freedom from Great Britain to the New World, through hundreds of U.S. courtrooms, to the volatile modern-day issues of school prayer and faith-based initiatives. The thorough, responsible, and cool-headed analysis presented here offers readers a solid grounding in the constitutional issues behind the headlines.