The Religion Clauses
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The Religion Clauses
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Author : Erwin Chemerinsky
language : en
Publisher: Oxford University Press
Release Date : 2020-07-30
The Religion Clauses written by Erwin Chemerinsky 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 2020-07-30 with Law categories.
Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend 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. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a 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.
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"--
Constitutional Law
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Author : Daniel O. Conkle
language : en
Publisher:
Release Date : 2009
Constitutional Law written by Daniel O. Conkle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Freedom of religion categories.
Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices
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.
Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.
A Nation Dedicated To Religious Liberty
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Author : Arlin M. Adams
language : en
Publisher: University of Pennsylvania Press
Release Date : 2015-02-23
A Nation Dedicated To Religious Liberty written by Arlin M. Adams and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-23 with Law categories.
Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."
Securing Religious Liberty
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Author : Jesse H. Choper
language : en
Publisher: Quid Pro Books
Release Date : 2013-03-01
Securing Religious Liberty written by Jesse H. Choper and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Religion categories.
Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this classic and much-cited book, a leading constitutional scholar proposed a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Jesse Choper's thoughtful and pragmatics guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Although Choper does not call for the wholesale overturning of judicial precedents or established social practices, the standards he has proposed would result in significant--and controversial--modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. Quality ebook formatting includes linked notes, active TOC, and linked Index and Table of Cases.
Guardian Of The Wall
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Author : J. David Holcomb
language : en
Publisher: Lexington Books
Release Date : 2020-11-13
Guardian Of The Wall written by J. David Holcomb and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-13 with Law categories.
Guardian of the Wall examines Leo Pfeffer's church-state thought and its influence on the U.S. Supreme Court. The book argues that Pfeffer’s understanding of the First Amendment’s religion clauses, shaped as it was by his historical and religious context, led him to advocate a separationist historical narrative and absolutist application of the Establishment and Free Exercise Clauses. Pfeffer’s jurisprudence was pivotal in shaping the U.S. Supreme Court’s interpretation of the First Amendment throughout the last half of the twentieth century. Guardian of the Wall challenges the popular contention that Pfeffer’s separationist philosophy was hostile to religion and sought to remove religion from the public square. Instead, it illustrates how Pfeffer believed a broad reading of both religion clauses protected religious freedom, secured religious equality, and fostered authentic participation of religion in public life. The book concludes by analyzing the Court’s shift away from the strict separation of church and state during the past thirty years and contends that the Court should reconsider Pfeffer’s approach to the First Amendment’s religion clauses.
The Religion Clauses And Related Statutes
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Author : Eugene Volokh
language : en
Publisher:
Release Date : 2005
The Religion Clauses And Related Statutes written by Eugene Volokh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This new casebook is a problem-focused approach to the Religion Clauses and related materials on religion and government. It can also be adapted for teaching using the case method. This book contains not just the leading cases, but also: 1.) problems that provide good vehicles for discussing the law, 2.) a built-in outline of each doctrine, to be used together with the cases, and 3.) structured summaries of the main genres of policy arguments used in Religion Clause cases. It is also relatively concise at 450 pages of text, yet includes not just the purely constitutional material but also the important statutesâe"RFRA, RLUIPA, and Title VII's religious discrimination, accommodation, and harassment doctrines.
Justice Reed And The First Amendment
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Author : Francis William O'Brien
language : en
Publisher:
Release Date : 1958
Justice Reed And The First Amendment written by Francis William O'Brien and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with Church and state categories.
Masters Of Illusion
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Author : Frank S. Ravitch
language : en
Publisher: NYU Press
Release Date : 2007-04-01
Masters Of Illusion written by Frank S. Ravitch and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-01 with Law categories.
Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.