Lemon V Kurtzman And The Separation Of Church And State Debate
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Lemon V Kurtzman And The Separation Of Church And State Debate
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Author : Kathiann M. Kowalski
language : en
Publisher: Enslow Publishing
Release Date : 2005
Lemon V Kurtzman And The Separation Of Church And State Debate written by Kathiann M. Kowalski and has been published by Enslow Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Juvenile Nonfiction categories.
Examines two Supreme Court cases to examine the constitutional issues of church and state and how they have been interpreted.
Over The Wall
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Author : Frank Guliuzza III
language : en
Publisher: State University of New York Press
Release Date : 2000-01-27
Over The Wall written by Frank Guliuzza III and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-27 with Political Science categories.
Over the Wall enters the extensive, and often heated, contemporary debates over both religion and politics and the desired relationship between church and state. Author Frank Guliuzza links the process of "secularization" with the Supreme Court's penchant for "separation," and argues that should policymakers desire to do something about the former, they need to reevaluate the latter. The book supplements the argument that, increasingly, there is evidence to demonstrate that religious people are not taken seriously in the marketplace of political ideas. That does not mean that religious people, particularly evangelical Christians, are not participating actively in politics. On the contrary, while religious believers are becoming ever more active in politics and political debate, they are taken less and less seriously. Guliuzza claims that this reaction to religious-based political expression is evidence of a concerted effort, though one that comes from multiple perspectives, to produce not simply a secular nation, but, rather, a secular society. Guliuzza describes the linkage between those who want to secularize and privatize public space with those who insist that the Constitution's establishment clause requires "separation"—separation of church from state, and separation of religion from that which is not religion. He argues that if one is serious about ending secularization, inasmuch as it impacts upon religious-based political participation, then one must look for a different approach to the establishment clause than that offered by the Supreme Court in Everson v Board of Education (1947) and Lemon v Kurtzman (1971). He considers the alternative approaches proffered in the literature and by those on the Court, and selects one: "authentic neutrality." Guliuzza asserts that by modifying the Court's approach to the establishment clause, there will be a substantial reduction in the negative consequences of secularization and separation.
Religious Liberty In The Supreme Court
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Author : Terry Eastland
language : en
Publisher: William B. Eerdmans Publishing Company
Release Date : 1995
Religious Liberty In The Supreme Court written by Terry Eastland and has been published by William B. Eerdmans Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
"Twenty-five" cases, decided bewteen 1940 and 1992, including the upholding of a Minnesota law in the 1983 Mueller v. Allen case, are "introduced, excerpted, and annotated", with editorial comment on "fifteen of the cases ... from such sources as the New York Times, the Washington Post, The Christian Century, and The New Republic", as well as "comment on trends in the Court's religion-clause jurisprudence and their implications for our public life" by three legal scholars. Includes index of cases and judges.
Encyclopedia Of Educational Reform And Dissent
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Author : Thomas C. Hunt
language : en
Publisher: SAGE
Release Date : 2010-01-20
Encyclopedia Of Educational Reform And Dissent written by Thomas C. Hunt and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-20 with Education categories.
The history of American education is replete with educational reform, and to a lesser extent, educational dissent. Consider the present: you have various forms of privatization, school choice, the 'No Child Left Behind' act, home schooling, 'value-added' accountability, alternative teacher preparation programs, on-line instruction, etc. This range of activity is not exceptional. For instance, consider the past: progressive education, open education, the junior high school, the middle school, Life Adjustment education, career education, vocational education, the comprehensive high school, school-to-work, year-round schooling, behavioral objectives, proficiency exams (high-stakes testing), whole language, learning packages and self-paced instruction, modular scheduling, site-based management, all presented as the way to reform American schools, at least in part. Then you have the reformers themselves, such as John Dewey, George Counts, Herbert Kohl, John Holt, Charles Silberman, Admiral Hyman Rickover, James Bryant Conant, all the way back to Horace Mann himself. Dissenters, and dissenting movements, while not as numerous and certainly not as well known in educational circles, count the various faith-based schools and individuals such as Archbishop Hughes of New York.Clearly, this is an area rich in ideas, rife with controversy, and vital in its outcome for individuals and the nation as a whole. And yet, strangely enough, there exists no major encyclopedia bringing the varied strands together in one place as a ready reference for scholars, teachers, school administrators, and students studying to enter the educational profession. This two-volume work is intended to be that authoritative resource. Key themes and topics include: " biographies of reformers and dissenters " theoretical and ideological perspectives " key programs and legislation " judicial verdicts impacting educational change in America " the politics and processes of educational reform and policy making " dissent and resistance to reform " technology's impact on educational reform. A Reader's Guide in the front matter groups entries around such themes to help readers find related entries more easily.
The Pursuit Of Justice
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Author : Kermit L. Hall
language : en
Publisher: Oxford University Press
Release Date : 2006-12
The Pursuit Of Justice written by Kermit L. Hall and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12 with History categories.
Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.
The Church State Debate
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Author : Emma Long
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-03-29
The Church State Debate written by Emma Long and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with History categories.
The Establishment Clause of the First Amendment governs the relationship between the institutions of the church and those of the state; the Supreme Court, as arbiter of the Constitution, has, since 1947, sought to determine where the line between the two should be drawn. This book shows how and why the Court drew the line in particular cases and how and why the lines that were drawn by the Court had an impact on the relationship between institutions of government and the Church, shaping US politics and society. Using the Supreme Court's cases as a framework, the book shows how the constitutional underpinnings of church-state debates shaped the political, economic, and social debate on the issue, and explores broader debates about religion and American society. This book maintains that the Court cases cannot be understood separately from the context from which they arose and that legal factors are only part of a broader picture for a historical understanding of the Court and Establishment Clause cases.
Separation Of Church And State
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Author : Philip HAMBURGER
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Separation Of Church And State written by Philip HAMBURGER and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Divided By God
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Author : Noah Feldman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2007-05-15
Divided By God written by Noah Feldman and has been published by Farrar, Straus and Giroux this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-15 with Political Science categories.
A brilliant and urgent appraisal of one of the most profound conflicts of our time Even before George W. Bush gained reelection by wooing religiously devout "values voters," it was clear that church-state matters in the United States had reached a crisis. With Divided by God, Noah Feldman shows that the crisis is as old as this country--and looks to our nation's past to show how it might be resolved. Today more than ever, ours is a religiously diverse society: Muslim, Hindu, and Buddhist as well as Catholic, Protestant, and Jewish. And yet more than ever, committed Christians are making themselves felt in politics and culture. What are the implications of this paradox? To answer this question, Feldman makes clear that again and again in our nation's history diversity has forced us to redraw the lines in the church-state divide. In vivid, dramatic chapters, he describes how we as a people have resolved conflicts over the Bible, the Pledge of Allegiance, and the teaching of evolution through appeals to shared values of liberty, equality, and freedom of conscience. And he proposes a brilliant solution to our current crisis, one that honors our religious diversity while respecting the long-held conviction that religion and state should not mix. Divided by God speaks to the headlines, even as it tells the story of a long-running conflict that has made the American people who we are.
The Wall Of Separation
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Author : Frank Joseph Sorauf
language : en
Publisher: Princeton Legacy Library
Release Date : 2016-04-03
The Wall Of Separation written by Frank Joseph Sorauf and has been published by Princeton Legacy Library this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-03 with Political Science categories.
This is the story of some of the most anguished constitutional controversies of our time, those involving the issue of separation of church and state. Few questions stimulated debate as intense as that over prayer in public schools and public aid to parochial schools. In contrast to previous studies, which have focused on the substance of the issues, Frank J. Sorauf's book concentrates on the judicial process in its social and political context. The author discusses all sixty-seven cases in this area of litigation decided by high American appellate courts from 1951 to 1971. He has interviewed the plaintiffs, attorneys, and members of the groups bringing suit, and describes their strategies and goals, their successes and failures. The community context in which the cases developed, as well as the judges and the courts deciding them, is described and analyzed. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Church State Relations In Crisis
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Author : Stephen V. Monsma
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2002
Church State Relations In Crisis written by Stephen V. Monsma and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Education categories.
Increasingly the Supreme Court's strict separationist, no-aid-to-religion doctrine that was in favor during the 1970s and 1980s is being challenged by a new approach aimed at equal treatment or neutrality. In Church-State Relations in Crisis, political scientist Stephen V. Monsma explores the neutrality principle and arguments for and against it. Monsma uses the Supreme Court's Mitchell v. Helms decision as the starting point for his discussion and argues that Mitchell v. Helms more directly than any other decision was based on this new idea of neutrality in Church-State relations. Monsma examines the three, strongly worded opinions of the court, and presents ten diverse essays by leading scholars analyzing the opinions and their impact on the establishment clause interpretation and public policy. Designed specifically for students of the law and religion and politics, Church-State Relations in Crisis is a well-balanced collection and an outstanding source for debate on the future of government and religion in the United States.