Separating Church And State
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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.
The Religion Clauses
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Author : Erwin Chemerinsky
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
The Religion Clauses written by Erwin Chemerinsky and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
"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"--
Separating Church And State
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Author : Steven K. Green
language : en
Publisher: Cornell University Press
Release Date : 2022-03-15
Separating Church And State written by Steven K. Green and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-15 with Religion categories.
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
Why The Religious Right Is Wrong About Separation Of Church And State
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Author : Robert Boston
language : en
Publisher: Prometheus Books
Release Date : 2010-09-30
Why The Religious Right Is Wrong About Separation Of Church And State written by Robert Boston and has been published by Prometheus Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-30 with Religion categories.
Award-winning journalist Robert Boston lambastes the zealots of the Religious Right for spreading misinformation about the constitutional principle of the separation of church and state. Boston reveals how a band of ultraconservative religious groups with a political agenda - led primarily by televangelist Pat Robertson - is conducting a systematic war aginst the separation of church and state. The tactics of these groups are designed to exploit unfounded fears and turn the American people against the separationist principle. They will not rest, Boston says, until the United States has become a theocracy. To expose the Religious Right's blatant distortions of U.S. history and correct its skewed analysis of legal rulings, Boston objectively reviews the evolution of church/state relations in the United States and looks at how the separation principle has been applied by the courts. He also examines efforts by sectarian groups to win government support for their schools, the school prayer issue, the history of the free exercise of religion, and the controversial role of religion in the public square. Published in cooperation with Americans United for the Separation of Church and State
Separation Of Church And State
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Author : Robert L. Cord
language : en
Publisher:
Release Date : 1982
Separation Of Church And State written by Robert L. Cord and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Political Science categories.
Separating Church And State
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Author : Timothy Hall
language : en
Publisher: University of Illinois Press
Release Date : 1998
Separating Church And State written by Timothy Hall and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Biography & Autobiography categories.
Roger Williams, founder of the colony of Rhode Island, is famous as an apostle of religious tolerance and a foe of religious establishments. In Separating Church and State, Timothy Hall combines impressive historical and legal scholarship to explore Williams's theory of religious liberty and relate it to current debate. Williams's fierce religious dogmaticism, Hall argues, is precisely what led to his religious tolerance, making him one of the most articulate champions of the argument for the necessary separation of church and state. "Both timely and provocative. . . . Offers Williams's largely overlooked but deeply important perspective on the peaceful coexistence of committed believers of diverse faiths. The book also brings into question crucial tenets of the United States Supreme Court's First Amendment religion clause jurisprudence at a time when many are raising questions about it." -- Marci A. Hamilton, Benjamin N. Cardozo School of Law, New York City "Hall has the entire Williams corpus under his command, and he plays the relevant texts like a master organist. He also has the legal corpus equally at his fingertips. One of the great strengths of his book is that it bridges the too often separate fields of history and jurisprudence." -- Edwin Gaustad, author of Liberty of Conscience: Roger Williams in America
Separation Of Church And State In The United States
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Author : Alvin W. Johnson
language : en
Publisher: U of Minnesota Press
Release Date : 1948-11-15
Separation Of Church And State In The United States written by Alvin W. Johnson and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1948-11-15 with Political Science categories.
Separation of Church and State in the United States was first published in 1948. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This book is more than a revised and enlarged edition of Dr. Johnson's Legal Status of Church-State Relationships in the United States. Besides rewriting and bringing up to date much of the original material, the authors have added a number of chapters dealing with subjects that have gained prominence in recent years: citizenship and the bearing of arms, saluting the flag, distribution of religious literature, and freedom of speech for Communists. Such recent cases as the Supreme Court decision in McCollum v. Board of Education—better known as the Champaign, Illinois, case—are discussed in some detail. School administrators will find the book of great practical value, for it deals predominantly with church-state relationships in the public schools, one of the chief areas of conflict. These conflicts include such questions as Bible readings and religious instruction in the public schools, dismissed and released time for religious education, the allowing of credit for religious instruction, public aid to sectarian schools, the wearing of religious garb, furnishing free textbooks and transportation for students in parochial schools.
Separating Church And State
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Author : Steven K. Green
language : en
Publisher: Cornell University Press
Release Date : 2022-03-15
Separating Church And State written by Steven K. Green and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-15 with Religion categories.
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
Why The Religious Right Is Wrong About Separation Of Church And State
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Author : R. Boston
language : en
Publisher: Turtleback Books
Release Date : 2003-02-01
Why The Religious Right Is Wrong About Separation Of Church And State written by R. Boston and has been published by Turtleback Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-01 with categories.
Church And State In Western Society
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Author : Edward J. Eberle
language : en
Publisher: Routledge
Release Date : 2016-05-23
Church And State In Western Society written by Edward J. Eberle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.