Cases On Church And State In The United States
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| Author | : Steven K. Green |
| Publisher | : Cornell University Press |
| Total Pages | : 330 |
| Release | : 2022-03-15 |
| Genre | : Religion |
| ISBN | : 1501762087 |
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
| Author | : Derek Davis |
| Publisher | : OUP USA |
| Total Pages | : 592 |
| Release | : 2010-11-18 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0195326245 |
21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.
| Author | : Vincent Phillip Munoz |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 679 |
| Release | : 2015-03-27 |
| Genre | : Political Science |
| ISBN | : 1442250321 |
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
| Author | : Howard Gillman |
| Publisher | : |
| Total Pages | : 241 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0190699736 |
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
| Author | : Leo Pfeffer |
| Publisher | : Wipf and Stock Publishers |
| Total Pages | : 849 |
| Release | : 2018-05-02 |
| Genre | : History |
| ISBN | : 1532644523 |
“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)
| Author | : Mark De Wolfe Howe |
| Publisher | : |
| Total Pages | : 408 |
| Release | : 1952 |
| Genre | : Political Science |
| ISBN | : |
| Author | : Winnifred Fallers Sullivan |
| Publisher | : University of Chicago Press |
| Total Pages | : 223 |
| Release | : 2020-07-15 |
| Genre | : Religion |
| ISBN | : 022645469X |
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
| Author | : Philip HAMBURGER |
| Publisher | : Harvard University Press |
| Total Pages | : 529 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038185 |
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
| Author | : Wayne A. Grudem |
| Publisher | : Zondervan |
| Total Pages | : 626 |
| Release | : 2010-09-28 |
| Genre | : Religion |
| ISBN | : 0310413583 |
Should Christians be involved in political issues? This comprehensive and readable book presents a political philosophy from the perspective that the Gospel pertains to all of life, including politics. Politics—According to the Bible is an in-depth analysis of conservative and liberal plans to do good for the nation, evaluated in light of the Bible and common sense. Evangelical Bible professor, and author of the bestselling book Systematic Theology, Wayne Grudem unpacks and rejects five common views about Christian influence on politics: "compel religion," "exclude religion," "all government is demonic," "do evangelism, not politics," and "do politics, not evangelism." Instead, he defends a position of "significant Christian influence on government" and explains the Bible's teachings about the purpose of civil government and the characteristics of good or bad governments. Grudem provides a thoughtful analysis of over fifty specific and current political issues dealing with: The protection of life. Marriage, the family, and children. Economic issues and taxation. The environment. National defense Relationships to other nations. Freedom of speech and religion. Quotas. And special interests. Throughout this book, he makes frequent application to the current policies of the Democratic and Republican parties in the United States, but the principles discussed here are relevant for any nation.
| Author | : Kent Greenawalt |
| Publisher | : Harvard University Press |
| Total Pages | : 305 |
| Release | : 2017-06-19 |
| Genre | : Law |
| ISBN | : 0674972201 |
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
