The Cambridge Companion to the First Amendment and Religious Liberty PDF Download
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Author: Michael D. Breidenbach
Publisher: Cambridge University Press
ISBN: 1108417477
Category : Law
Languages : en
Pages : 477
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Book Description
Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
Author: Michael D. Breidenbach
Publisher: Cambridge University Press
ISBN: 1108417477
Category : Law
Languages : en
Pages : 477
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Book Description
Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
Author: Michael D. Breidenbach
Publisher: Harvard University Press
ISBN: 067424723X
Category : History
Languages : en
Pages : 369
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Book Description
How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.
Author: Daniel N. Robinson
Publisher:
ISBN: 9781316778715
Category : LAW
Languages : en
Pages : 191
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Book Description
These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law.
Author: Frank Shuffelton
Publisher: Cambridge University Press
ISBN: 1139828002
Category : Literary Criticism
Languages : en
Pages : 229
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Book Description
This Companion forms an accessible introduction to the life and work of Thomas Jefferson, third President of the United States and author of the Declaration of Independence. Essays explore Jefferson's political thought, his policies towards Native Americans, his attitude to race and slavery, as well as his interests in science, architecture, religion and education. Contributors include leading literary scholars and historians; the essays offer up to date overviews of his many interests, his friendships and his legacy. Together, they reveal his importance in the cultural and political life of early America. At the same time these original essays speak to abiding modern concerns about American culture and Jefferson's place in it. This Companion will be essential reading for students and scholars of Jefferson, and is designed for use by students of American literature and American history.
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: Timothy Zick
Publisher:
ISBN: 9781107665439
Category :
Languages : en
Pages :
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Book Description
Author: KROTOSZYNSKI
Publisher: Aspen Publishing
ISBN: 1543826687
Category : Law
Languages : en
Pages : 1104
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
Author: Vincent Phillip Muñoz
Publisher: University of Chicago Press
ISBN: 0226821447
Category : Political Science
Languages : en
Pages : 345
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Book Description
"The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--
Author: Molly Jones
Publisher: The Rosen Publishing Group
ISBN: 9781448812523
Category : History
Languages : en
Pages : 64
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Book Description
Examines the origin and history of the First Amendment and how the courts have been involved in protecting or limiting these freedoms.
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.
