Religious Freedom And The Supreme Court
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Religious Freedom And The Supreme Court
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Author : Dallin H. Oaks
language : en
Publisher:
Release Date : 1981-01-01
Religious Freedom And The Supreme Court written by Dallin H. Oaks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-01-01 with Freedom of religion categories.
Religion On Trial
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Author : Phillip E. Hammond
language : en
Publisher: Rowman Altamira
Release Date : 2004
Religion On Trial written by Phillip E. Hammond and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The free exercise of conscience is under threat in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial. Against Justices Scalia, Thomas, and Chief Justice Rehnquist, the authors argue that what the First Amendment protects is the freedom of individual conviction, not the rights of sectarian majorities to inflict their values on others. Beginning with an analysis of the origins of the Constitution and then following the history of significant church-state issues, Religion on Trial shows that the trajectory of American history has been toward greater freedoms for more Americans: freedom of religion moving gradually toward freedom of conscience regardless of religion. But in the last quarter-century, conservatives have gained political power and they are now attempting to limit the ability of the Court to protect the rights of individual conscience. Writing not just as scholars, but as advocates of church-state separation, Hammond, Machacek, and Mazur make the strong case that every American needs to pay attention to what is happening on the Surpeme Court or risk losing the liberties of conscience and religion that have been gained so far.
Religious Freedom And The Supreme Court
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Author : Ronald Bruce Flowers
language : en
Publisher:
Release Date : 2008
Religious Freedom And The Supreme Court written by Ronald Bruce Flowers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
It is clear, relevant, and an essential text for the twenty-first century.
Regulating Religion
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Author : Catharine Cookson
language : en
Publisher: Oxford University Press
Release Date : 2001-03-29
Regulating Religion written by Catharine Cookson 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 2001-03-29 with Religion categories.
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.
American Crusade
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Author : Andrew L Seidel
language : en
Publisher: Union Square & Co.
Release Date : 2022-09-27
American Crusade written by Andrew L Seidel and has been published by Union Square & Co. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-27 with Religion categories.
Is a fight against equality and for privilege a fight for religious supremacy? Andrew L. Seidel, a constitutional attorney and author of the critically acclaimed book The Founding Myth: Why Christian Nationalism Is Un-American, dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that “crusade.” Seidel examines some of the key Supreme Court cases of the last thirty years—including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery that refused to make a wedding cake for a gay couple), Trump v. Hawaii (the anti-Muslim travel ban case), American Legion v. American Humanist Association (related to a group maintaining a 40-foot Christian cross on government-owned land), and Tandon v. Newsom (a Santa Clara Bible group exempted from Covid health restrictions), as well as the recent overturning of Roe v. Wade—and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. This is a meticulously researched and deeply insightful account of our political landscape with a foreword provided by noted constitutional scholar Erwin Chemerinsky, author of The Case Against the Supreme Court. The issue of church versus state is more relevant than ever in today’s political climate and with the conservative majority status of the current Supreme Court. This book is a standout on the shelf for fans of Richard Dawkins, Christopher Hitchens, and Sam Harris. Readers looking for critiques of the rise of Christian nationalism, like Jesus and John Wayne, and examinations like How Democracies Die will devour Seidel's analysis. Hardcover with dust jacket; 320 pages; 9 in H by 6 in W.
The Supreme Court On Church State
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Author : United States. Supreme Court
language : en
Publisher:
Release Date : 1962
The Supreme Court On Church State written by United States. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Church and state categories.
Religion And The Law
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Author : Elizabeth Eddy
language : en
Publisher: Routledge
Release Date : 2017-07-05
Religion And The Law written by Elizabeth Eddy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.
Religious Liberty And The American Supreme Court
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Author : Vincent Phillip Munoz
language : en
Publisher: Rowman & Littlefield
Release Date : 2015-03-27
Religious Liberty And The American Supreme Court written by Vincent Phillip Munoz and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-27 with Political Science categories.
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
The Tragedy Of Religious Freedom
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Author : Marc O. DeGirolami
language : en
Publisher: Harvard University Press
Release Date : 2013-06-10
The Tragedy Of Religious Freedom written by Marc O. DeGirolami 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 2013-06-10 with Law categories.
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Religious Liberty In America
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Author : Louis Fisher
language : en
Publisher:
Release Date : 2002
Religious Liberty In America written by Louis Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
It is often assumed that the judiciary—especially the Supreme Court—provides the best protection of our religious freedom. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labor, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that renowned constitutional authority Fisher argues has been poorly understood by most of us. Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been in the forefront of establishing and protecting rights that have been neglected, denied, or unrecognized by the Court-and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights. In this concise and insightful book, Fisher presents a series of important case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing other controversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher convincingly demonstrates that we must understand the political and not just the judicial context for the safeguards that protect religious minorities. As this book shows, the origin and growth of an individual's right to believe or not believe—and the securing of that right—has occurred almost entirely outside the courtroom. Religious Liberty in America persuasively challenges judicial supremacists on church-state issues and provides a highly readable introduction for all students and citizens concerned with their right to believe as they wish.