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Author: Jerold L. Waltman
Publisher: A&C Black
ISBN: 1441122036
Category : Political Science
Languages : en
Pages : 188
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Author: Jerold L. Waltman
Publisher: A&C Black
ISBN: 1441122036
Category : Political Science
Languages : en
Pages : 188
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Book Description
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Author: Andrew R. Lewis
Publisher: Cambridge University Press
ISBN: 1108417701
Category : Law
Languages : en
Pages : 293
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Book Description
Explains how abortion politics influenced a fundamental shift in conservative Christian politics, teaching conservatives to embrace rights arguments.
Author: Michael Corbett
Publisher: Routledge
ISBN: 113557975X
Category : Political Science
Languages : en
Pages : 442
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Book Description
This text examines the interaction between politics and religion in the United States from the days of the early colonial period through the 1990s. It sets the contemporary discussion of politics and religion in the larger context of the entire scope of US history, and traces significant themes over time showing students how the events of the 1990s have their roots in a long process of development.
Author: Jack N. Rakove
Publisher: Oxford University Press, USA
ISBN: 0195305817
Category : History
Languages : en
Pages : 241
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Book Description
"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--
Author: Bruce T. Murray
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 236
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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.
Author: Kathleen Flake
Publisher: Univ of North Carolina Press
ISBN: 0807863548
Category : Law
Languages : en
Pages : 256
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Book Description
Between 1901 and 1907, a broad coalition of Protestant churches sought to expel newly elected Reed Smoot from the Senate, arguing that as an apostle in the Church of Jesus Christ of Latter-day Saints, Smoot was a lawbreaker and therefore unfit to be a lawmaker. The resulting Senate investigative hearing featured testimony on every peculiarity of Mormonism, especially its polygamous family structure. The Smoot hearing ultimately mediated a compromise between Progressive Era Protestantism and Mormonism and resolved the nation's long-standing "Mormon Problem." On a broader scale, Kathleen Flake shows how this landmark hearing provided the occasion for the country--through its elected representatives, the daily press, citizen petitions, and social reform activism--to reconsider the scope of religious free exercise in the new century. Flake contends that the Smoot hearing was the forge in which the Latter-day Saints, the Protestants, and the Senate hammered out a model for church-state relations, shaping for a new generation of non-Protestant and non-Christian Americans what it meant to be free and religious. In addition, she discusses the Latter-day Saints' use of narrative and collective memory to retain their religious identity even as they changed to meet the nation's demands.
Author: Bette Novit Evans
Publisher: Univ of North Carolina Press
ISBN: 0807861340
Category : Law
Languages : en
Pages : 305
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Book Description
A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and sociological insights about American religious experience. She surveys and evaluates several of the most well considered approaches to religious freedom and applies them to contemporary legal controversies, examining problems in defining religion and claims concerning the autonomy of religious institutions. Her conclusions about religious liberty are embedded in an appreciation of American pluralism: the guarantee of religious freedom, she argues, can be understood as an instrument for fostering alternative sources of meaning within a pluralistic political community.
Author: Allen D. Hertzke
Publisher: University of Oklahoma Press
ISBN: 0806149906
Category : Law
Languages : en
Pages : 313
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Book Description
All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation’s founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment—tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America’s civic fabric—and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.
Author: Thomas L. Krannawitter
Publisher: Rowman & Littlefield
ISBN: 9780742550889
Category : History
Languages : en
Pages : 270
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Book Description
A Nation Under God? The ACLU and Religion in American Politics questions the claim of the ACLU that the First Amendment to the Constitution requires the complete cleansing of any religious expression in the American public square. That position, Krannawitter and Palm argue, is not consistent with the principles of the American founding, but derives from early 20th century progressivism and modern liberalism that requires ultimately a reconstituting of the American regime along completely secular lines. A re-examination of the American founding, its theoretical and constitutional principles, allows for limited religious expression without violating the constitutional principle of religious liberty.
Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 288
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Book Description
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.
