Author: Richard P. Nathan
Publisher:
ISBN:
Category : Faith-based human services
Languages : en
Pages : 13
Book Description
Is "charitable Choice" Compatible with the First Amendment?
Author: Richard P. Nathan
Publisher:
ISBN:
Category : Faith-based human services
Languages : en
Pages : 13
Book Description
Publisher:
ISBN:
Category : Faith-based human services
Languages : en
Pages : 13
Book Description
'Charitable Choice' and the Accountability Challenge
Author: Michele E. Gilman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment concerns about entangling government in religion, as well as special immunities from tort liability and limited fiduciary duties for directors. The mechanisms of privatization, such as contracts and vouchers, also fail to ensure that beneficiaries receive quality services. As a result, Professor Gilman proposes a set of measures to improve accountability, all of which hinge on including beneficiaries in setting clear standards, evaluating outcomes, and enforcing rights to quality services. Finally, Professor Gilman analyzes current Supreme Court caselaw on public funding to religious entities and explains why imposing accountability measures on charitable choice programs does not violate the First Amendment religion clauses.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment concerns about entangling government in religion, as well as special immunities from tort liability and limited fiduciary duties for directors. The mechanisms of privatization, such as contracts and vouchers, also fail to ensure that beneficiaries receive quality services. As a result, Professor Gilman proposes a set of measures to improve accountability, all of which hinge on including beneficiaries in setting clear standards, evaluating outcomes, and enforcing rights to quality services. Finally, Professor Gilman analyzes current Supreme Court caselaw on public funding to religious entities and explains why imposing accountability measures on charitable choice programs does not violate the First Amendment religion clauses.
Charitable Choice
Author: David M. Ackerman
Publisher: Nova Publishers
ISBN: 9781560729938
Category : Charities
Languages : en
Pages : 82
Book Description
Publisher: Nova Publishers
ISBN: 9781560729938
Category : Charities
Languages : en
Pages : 82
Book Description
Charitable Choice
Author: Angie Welborn
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 44
Book Description
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 44
Book Description
Charitable Choice
Author:
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 192
Book Description
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 192
Book Description
Crs Report for Congress
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
ISBN: 9781294023784
Category :
Languages : en
Pages : 46
Book Description
On July 19, 2001, the House passed H.R. 7, the "Community Solutions Act of 2001." The Act is the primary legislative vehicle for President Bush's faith-based initiative and contains tax incentives for charitable giving (Title I), the "Charitable Choice Act of 2001" (Title II), a modified re-authorization of individual development accounts for persons of limited income (Title III), and limitations on the liability of corporations for charitable donations of equipment and supplies (Title IV). In the Senate controversy over the civil rights and constitutional implications of the charitable choice title of H.R. 7 led to the introduction recently of the "CARE Act of 2002" (S. 1924), a bipartisan bill that excludes most of those provisions. Government has long provided public aid to social services programs operated by faith-based organizations. But interpretations of the establishment of religion clause of the First Amendment have generally required such programs to be secular in nature. In recent years, however, a number of advocates have promoted the concept that the Constitution and public policy should allow faith-based organizations to receive public funds on the same basis as other entities that operate social services programs without abandoning their religious character. That view has had considerable effect. ...
Publisher: BiblioGov
ISBN: 9781294023784
Category :
Languages : en
Pages : 46
Book Description
On July 19, 2001, the House passed H.R. 7, the "Community Solutions Act of 2001." The Act is the primary legislative vehicle for President Bush's faith-based initiative and contains tax incentives for charitable giving (Title I), the "Charitable Choice Act of 2001" (Title II), a modified re-authorization of individual development accounts for persons of limited income (Title III), and limitations on the liability of corporations for charitable donations of equipment and supplies (Title IV). In the Senate controversy over the civil rights and constitutional implications of the charitable choice title of H.R. 7 led to the introduction recently of the "CARE Act of 2002" (S. 1924), a bipartisan bill that excludes most of those provisions. Government has long provided public aid to social services programs operated by faith-based organizations. But interpretations of the establishment of religion clause of the First Amendment have generally required such programs to be secular in nature. In recent years, however, a number of advocates have promoted the concept that the Constitution and public policy should allow faith-based organizations to receive public funds on the same basis as other entities that operate social services programs without abandoning their religious character. That view has had considerable effect. ...
Religion and Politics in America
Author: Robert Booth Fowler
Publisher: Routledge
ISBN: 0429972792
Category : Political Science
Languages : en
Pages : 602
Book Description
this book focuses on religion and politics and the dynamic interactions between them. It helps to understand the politics of religion in the United States and to appreciate the strategic choices that politicians and religious participants make when they participate in politics.
Publisher: Routledge
ISBN: 0429972792
Category : Political Science
Languages : en
Pages : 602
Book Description
this book focuses on religion and politics and the dynamic interactions between them. It helps to understand the politics of religion in the United States and to appreciate the strategic choices that politicians and religious participants make when they participate in politics.
State and Local Implementation of Existing Charitable Choice Programs
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 100
Book Description
Publisher:
ISBN:
Category : Church charities
Languages : en
Pages : 100
Book Description
Charitable Choices
Author: John P. Bartkowski
Publisher: NYU Press
ISBN: 0814799019
Category : Business & Economics
Languages : en
Pages : 227
Book Description
An ethnographic study of faith-based poverty relief programs in 30 congregations in the rural south.
Publisher: NYU Press
ISBN: 0814799019
Category : Business & Economics
Languages : en
Pages : 227
Book Description
An ethnographic study of faith-based poverty relief programs in 30 congregations in the rural south.
Religious Liberty in America
Author: Bruce T. Murray
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 236
Book Description
From the Publisher: In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems-all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority-an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 236
Book Description
From the Publisher: In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems-all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority-an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.