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Author: Ellis M. West
Publisher:
ISBN: 9780739146781
Category : Church and state
Languages : en
Pages : 0
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Book Description
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.
Author: Ellis M. West
Publisher:
ISBN: 9780739146781
Category : Church and state
Languages : en
Pages : 0
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Book Description
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.
Author: Kent Greenawalt
Publisher: Harvard University Press
ISBN: 0674972201
Category : Law
Languages : en
Pages : 305
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Book Description
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
Author: Erwin Chemerinsky
Publisher: Oxford University Press, USA
ISBN: 0190699736
Category : Law
Languages : en
Pages : 241
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Book Description
"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"--
Author: Leonard W. Levy
Publisher: UNC Press Books
ISBN: 146962043X
Category : Law
Languages : en
Pages : 222
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Book Description
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.
Author: Ellis M. West
Publisher: Lexington Books
ISBN: 0739146793
Category : Law
Languages : en
Pages : 218
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Book Description
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
Author: Francis William O'Brien
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 288
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Book Description
Author: Erwin Chemerinsky
Publisher: Oxford University Press
ISBN: 0190699744
Category : Law
Languages : en
Pages : 240
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Book Description
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.
Author: J. David Holcomb
Publisher: Rowman & Littlefield
ISBN: 0739149032
Category : Law
Languages : en
Pages : 247
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Book Description
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.
Author: Leonard Williams Levy
Publisher: Simon & Schuster Books For Young Readers
ISBN:
Category : History
Languages : en
Pages : 264
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Book Description
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.
Author: Arthur D. Hellman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1206
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Book Description
This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
