Supreme Court Outlaws Official School Prayers In Regents Case Decision
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Supreme Court Outlaws Official School Prayers In Regents Case Decision
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Author : United States. Supreme Court
language : en
Publisher:
Release Date : 1962
Supreme Court Outlaws Official School Prayers In Regents Case Decision 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 Religion in the public schools categories.
The Will Of The People
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Author : Barry Friedman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2009-09-29
The Will Of The People written by Barry Friedman 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 2009-09-29 with Law categories.
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
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.
The Schoolhouse Gate
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Author : Justin Driver
language : en
Publisher: Pantheon
Release Date : 2018-09-04
The Schoolhouse Gate written by Justin Driver and has been published by Pantheon this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-04 with Law categories.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
The Third Disestablishment
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Author : Steven K. Green
language : en
Publisher: Oxford University Press
Release Date : 2018-12-11
The Third Disestablishment written by Steven K. Green 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 2018-12-11 with Religion categories.
In 1947, the Supreme Court embraced the concept of church-state separation as shorthand for the meaning of the Establishment Clause of the First Amendment. The concept became embedded in Court's jurisprudence and remains so today. Yet separation of church and state is not just a legal construct; it is embedded in the culture. Church-state separation was a popular cultural ideal, chiefly for Protestants and secularists, long before the Supreme Court adopted it as a constitutional principle. While the Court's church-state decisions have impacted public attitudes--particularly those controversial holdings regarding prayer and Bible reading in public schools--the idea of church-state separation has remained relatively popular; recent studies indicate that approximately two-thirds of Americans support the concept, even though they disagree over how to apply it. In the follow up to his 2010 book The Second Disestablishment, Steven K. Green sets out to do examine the development of modern separationism from a legal and cultural perspective. The Third Disestablishment examines the dominant religious-cultural conflicts of the 1930s-1950s between Protestants and Catholics, but it also shows how other trends and controversies during mid-century impacted both judicial and popular attitudes toward church-state separation: the Jehovah's Witnesses' cases of the late-30s and early-40's, Cold War anti-communism, the religious revival and the rise of civil religion, the advent of ecumenism, and the presidential campaign of 1960. The book then examines how events of the 1960s-the school prayer decisions, the reforms of Vatican II, and the enactment of comprehensive federal education legislation providing assistance to religious schools-produced a rupture in the Protestant consensus over church-state separation, causing both evangelicals and religious progressives to rethink their commitment to that principle. Green concludes by examining a series of church-state cases in the late-60s and early-70s where the justices applied notions of church-state separation at the same time they were reevaluating that concept.
Engel V Vitale
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Author : Susan Dudley Gold
language : en
Publisher: Marshall Cavendish
Release Date : 2006
Engel V Vitale written by Susan Dudley Gold and has been published by Marshall Cavendish this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Juvenile Nonfiction categories.
"Describes the historical context of the Engel versus Vitale Supreme Court case, detailing the claims made by both sides as well as the outcome, and including excerpts from the Supreme Court justices' decisions and relevant sidebars"--Provided by publisher.
The Supreme Court And The Press
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Author : Joe Mathewson
language : en
Publisher: Northwestern University Press
Release Date : 2011-01-25
The Supreme Court And The Press written by Joe Mathewson and has been published by Northwestern University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-25 with Language Arts & Disciplines categories.
Throughout its history, the Supreme Court has had a contentious relationship with the press. Yet, as Joe Mathewson shows, the Court and the Press provide crucial services for each other as well: the press educates the public about the Court's actions, and the court is charged withe protecting the freedoms on which the press relies. In The Supreme Court and the press, Mathewson charts the history of this complex dynamic, from the court's early neglect of the First Amendment through the press's coverage of today's most controversial cases. With this history in mind, Mathewson brings his expertise as a Journalist and lawyer to bear in offering a diagnosis of the current situation, as well as offering solutions to the present shortcomings in the relationship between these two essential institutions. --Book Jacket.
This Earthly Frame
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Author : David Sehat
language : en
Publisher: Yale University Press
Release Date : 2022-02-22
This Earthly Frame written by David Sehat and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-22 with Religion categories.
An award-winning scholar’s sweeping history of American secularism, from Jefferson to Trump “An essential book for understanding today’s culture wars. Sehat’s clear-eyed and elegant narrative will change how you think about our supposedly secular age.”—Molly Worthen, University of North Carolina at Chapel Hill In This Earthly Frame, David Sehat narrates the making of American secularism through its most prominent proponents and most significant detractors. He shows how its foundations were laid in the U.S. Constitution and how it fully emerged only in the twentieth century. Religious and nonreligious Jews, liberal Protestants, apocalyptic sects like the Jehovah’s Witnesses, and antireligious activists all used the courts and the constitutional language of the First Amendment to create the secular order. Then, over the past fifty years, many religious conservatives turned against that order, emphasizing their religious freedom. Avoiding both polemic and lament, Sehat offers a powerful reinterpretation of American secularism and a clear framework for understanding the religiously infused conflict of the present.
The Supreme Court And The News Media
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Author : David L. Grey
language : en
Publisher:
Release Date : 1968
The Supreme Court And The News Media written by David L. Grey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Language Arts & Disciplines categories.
Engel V Vitale
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Author : Shane Mountjoy
language : en
Publisher: Infobase Publishing
Release Date : 2009
Engel V Vitale written by Shane Mountjoy and has been published by Infobase Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Church and state categories.
What happens when a state board prescribes a prayer for public school children to recite in every classroom each morning as part of its program of moral and spiritual training? This question faced the U.S. Supreme Court in 1962 when they heard arguments in Engel v. Vitale. What some observers considered to be nothing more than a school tradition became the basis of a key constitutional question dealing with religious freedom and the meaning of separation of church and state in the United States. Engel v. Vitale serves as a useful primer of an issue that remains an emotionally charged one today. Combining absorbing profiles of key litigants with carefully selected full-color photographs, extensive footnotes, and a chronology and timeline, historian Shane Mountjoy provides excellent coverage of this decisive case.