The Establishment Clause
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The Establishment Clause
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Author : Leonard Williams Levy
language : en
Publisher: UNC Press Books
Release Date : 1994
The Establishment Clause written by Leonard Williams Levy and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
Leonard Levy?s classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson?s ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
The Religion Clauses Of The First Amendment
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Author : Ellis M. West
language : en
Publisher: Lexington Books
Release Date : 2012-07-10
The Religion Clauses Of The First Amendment written by Ellis M. West and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-10 with Law categories.
The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights
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 Cambridge Companion To The First Amendment And Religious Liberty
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Author : Michael D. Breidenbach
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-09
The Cambridge Companion To The First Amendment And Religious Liberty written by Michael D. Breidenbach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
The Establishment Clause
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Author : Leonard W. Levy
language : en
Publisher: UNC Press Books
Release Date : 2017-03-01
The Establishment Clause written by Leonard W. Levy and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-01 with Law categories.
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
The First Liberty
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Author : William Lee Miller
language : en
Publisher:
Release Date : 2003
The First Liberty written by William Lee Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with History categories.
At a time when the concept of religion-based politics has taken on new and sometimes ominous tones--even within the United States--it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion--a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare--and demonstrates how the right to hold any religious belief has dynamically shaped American political life.
The First Amendment
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Author : David L. Hudson
language : en
Publisher:
Release Date : 2012
The First Amendment written by David L. Hudson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
The Constitutional Rights Privileges And Immunities Of The American People
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Author : Arnold T. Guminski
language : en
Publisher: iUniverse
Release Date : 2009
The Constitutional Rights Privileges And Immunities Of The American People written by Arnold T. Guminski and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The Constitutional Rights, Privileges, and Immunities of the American People explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.
The Establishment Clause
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Author : Leonard Williams Levy
language : en
Publisher: Simon & Schuster Books For Young Readers
Release Date : 1986
The Establishment Clause written by Leonard Williams Levy and has been published by Simon & Schuster Books For Young Readers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with History categories.
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists, ' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church.For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
No Establishment Of Religion
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Author : T. Jeremy Gunn
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-11-29
No Establishment Of Religion written by T. Jeremy Gunn 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 2012-11-29 with History categories.
This book shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays in the volume stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today.