The Religion Clauses

Author : Erwin Chemerinsky
Publisher : Oxford University Press, USA
ISBN 13 : 0190699736
Total Pages : 241 pages
Book Rating : 4.34/5 ( download)

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Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
ISBN 13 : 0190699752
Total Pages : 240 pages
Book Rating : 4.58/5 ( 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 : 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 : Ellis M. West
Publisher :
ISBN 13 : 9780739146781
Total Pages : 0 pages
Book Rating : 4.85/5 ( download)

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Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by . This book was released on 2013-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ellis M. West
Publisher : Lexington Books
ISBN 13 : 0739146793
Total Pages : 218 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by Lexington Books. This book was released on 2012-07-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Publisher : University of Pennsylvania Press
ISBN 13 : 0812292324
Total Pages : 189 pages
Book Rating : 4.29/5 ( download)

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Download or read book A Nation Dedicated to Religious Liberty written by Arlin M. Adams and published by University of Pennsylvania Press. This book was released on 2015-02-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Daniel O. Conkle
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.12/5 ( download)

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Download or read book Constitutional Law written by Daniel O. Conkle and published by . This book was released on 2009 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Leonard W. Levy
Publisher : UNC Press Books
ISBN 13 : 146962043X
Total Pages : 300 pages
Book Rating : 4.35/5 ( download)

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Download or read book The Establishment Clause written by Leonard W. Levy and published by UNC Press Books. This book was released on 2017-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Oxford University Press, USA
ISBN 13 : 0195305817
Total Pages : 241 pages
Book Rating : 4.14/5 ( download)

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Download or read book Beyond Belief, Beyond Conscience written by Jack N. Rakove and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : J. David Holcomb
Publisher : Rowman & Littlefield
ISBN 13 : 0739149032
Total Pages : 247 pages
Book Rating : 4.34/5 ( download)

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Download or read book Guardian of the Wall written by J. David Holcomb and published by Rowman & Littlefield. This book was released on 2020-11-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.