The Religion Clauses Of The First Amendment
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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
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 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.
Guardian Of The Wall
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Author : J. David Holcomb
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-11-13
Guardian Of The Wall written by J. David Holcomb and has been published by Rowman & Littlefield 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 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 First Freedoms
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Author : Thomas J. Curry
language : en
Publisher:
Release Date : 1986
The First Freedoms written by Thomas J. Curry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with History categories.
From the founding of Virginia to the passage of the Bill of Rights, the role of the First Amendment's religion clauses has never been clearly defined. A thorough examination of America's developing ideas on religious liberty. The First Freedoms presents a bold new interpretation of the Church-State context of colonial and revolutionary America.
Securing Religious Liberty
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Author : Jesse H. Choper
language : en
Publisher: University of Chicago Press
Release Date : 1995-05-15
Securing Religious Liberty written by Jesse H. Choper 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 1995-05-15 with Law 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 book, a leading constitutional scholar proposes a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Choper's guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Though not calling for the wholesale overturning of judicial precedents or established social practices, the standards he proposes 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.
Encyclopedia Of American Civil Liberties
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Author : Paul Finkelman
language : en
Publisher: Routledge
Release Date : 2013-11-07
Encyclopedia Of American Civil Liberties written by Paul Finkelman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
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 Warren Court A Retrospective
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Author : the late Bernard Schwartz
language : en
Publisher: Oxford University Press
Release Date : 1996-10-10
The Warren Court A Retrospective written by the late Bernard Schwartz 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 1996-10-10 with Law categories.
A judge-made revolution? The very term seems an oxymoron, yet this is exactly what the Supreme Court under Chief Justice Earl Warren achieved. In Bernard Schwartzs latest work, based on a conference at the University of Tulsa College of Law, we get the first retrospective on the Warren Court--a detailed analysis of the Courts accomplishments, including original pieces by well-known judges, professors, lawyers, popular writers such as Anthony Lewis, David Halberstam, David J. Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr. The Warren Court: A Retrospective begins with an examination of the Courts decisions in a variety of different fields, such as equal protection, freedom of speech, freedom of the press, and criminal law. The work continues with The Justices, an intimate look at the principal protagonists in the Courts operation. Then, in A Broader Perspective, the book looks at the Court from an historical perspective, demonstrating its impact on the legal profession and jurisprudence, its international impact, and its legacy. Both readable and informative, The Warren Court: A Retrospective provides an invaluable source for anyone interested in the Court that did so much to change America.