Religious Liberty And State Constitutions
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Religious Liberty And State Constitutions
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Author : Edd Doerr
language : en
Publisher:
Release Date : 1993
Religious Liberty And State Constitutions written by Edd Doerr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
In 1787, the new United States of America formulated a Constitution, which for more than two hundred years has remained the greatest single advance in the long evolution of democracy and freedom. The authors of the Constitution, fearing the religious intolerance and persecution that was typical of many European governments, deliberately avoided a church-state union and limited the federal government to purely secular matters. The First Amendment explicitly stated, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ..". In the debate over the separation between church and state, attention is often focussed solely on the national Constitution. The fact is sometimes overlooked that the state constitutions, some of which were written before the federal Constitution, include explicit protections of religious liberty and church-state separation, some even more comprehensive and specific in their guarantees and prohibitions than the U.S. Constitution. All of the state constitutions deal with religious freedom and all support the church-state separation principle. Forty-six states explicitly protect freedom of worship or conscience, while thirty-five states prohibit establishment of any state religion. Interestingly, five states still have provisions requiring that office holders believe in a Supreme Being, despite the fact that the Supreme Court declared these requirements to be unconstitutional in 1961. This comprehensive volume brings together all of the religious-liberty and church-state provisions of the fifty state constitutions. The only work of its kind, Religious Liberty and State Constitutions will serve as a useful referencework for people in the fields of education, law, and religion.
Our State Constitutions And Religious Liberty
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Author : James M. Dohan
language : en
Publisher:
Release Date : 1915*
Our State Constitutions And Religious Liberty written by James M. Dohan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1915* with Freedom of religion categories.
Religious Freedom And The Constitution
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Author : Christopher L. Eisgruber
language : en
Publisher: Harvard University Press
Release Date : 2010-04-10
Religious Freedom And The Constitution written by Christopher L. Eisgruber 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 2010-04-10 with Political Science categories.
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.
Religious Liberty And The American Founding
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Author : Vincent Phillip Muñoz
language : en
Publisher: University of Chicago Press
Release Date : 2022-08-24
Religious Liberty And The American Founding written by Vincent Phillip Muñoz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-24 with Political Science categories.
An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. 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. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.
The American Constitutions And Religion
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Author :
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2007
The American Constitutions And Religion written by and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Church and state categories.
A valuable resource for students of church-state relations in the United States, this anthology lists every passage with a religious reference in the charters of the thirteen colonies and the constitutions of forty-eight states. Also includes an introduction that provides an overview of church-state relations from the colonial period to the 1930s.
Issues In Religious Liberty
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1985
Issues In Religious Liberty written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Church and state categories.
The State And Religion In A Nutshell
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Author : Thomas C. Berg
language : en
Publisher: West Academic Publishing
Release Date : 2004
The State And Religion In A Nutshell written by Thomas C. Berg and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Church and state categories.
Expert narrative reflects the substantial attention the Supreme Court has given to religious-freedom issues under the First Amendment over the last 15 years. Text covers issues such as separation of church and state, equality of treatment, and religious liberty. Provides historical perspective and explains how the Establishment Clause and Free Exercise Clause interact. State constitutions and legislative provisions on religious freedom are discussed as well.
Religious Liberty And The Secular State
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Author : John M. Swomley
language : en
Publisher:
Release Date : 1987
Religious Liberty And The Secular State written by John M. Swomley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Church and state categories.
This book examines the political and religious context in which the Constitution and The Bill of Rights were adopted. Swomley reasons that those who wrote and adopted the Constitution and First Amendment intended a strict separation of church and state, a government that would neither aid nor impede religion. Religious Liberty and the Secular State refutes Chief Justice Rehnquist's position that the framers of the Constitution did not intend to ban all religious aid, only preferential aid. Swomley also refutes Rehnquist's claim that the Establishment Clause in the First Amendment was intended to prevent the establishment of a single national church. Swomley concludes that the Constitution was intended to prevent the federal government from establishing one or more churches and to prevent the tax support of churches on any basis. This book exposes the Supreme Court's erosion of the Establishment Clause while emphasizing the Free Exercise Clause. Swomley also explores civil religion, secular humanism, and the current counter-revolution against separation of church and state led by some religious and political conservatives who would profit from government aid. He also lists the benefits churches would realize under a secular government.
Law Religion Constitution
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Author : W. Cole Durham
language : en
Publisher: Routledge
Release Date : 2016-04-29
Law Religion Constitution written by W. Cole Durham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.
What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
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.