Freedom of Religion, the First Amendment, and the Supreme Court

Freedom of Religion, the First Amendment, and the Supreme Court
Author: Barry Adamson
Publisher: Pelican Publishing
Total Pages: 434
Release: 2008
Genre: Law
ISBN:

"Congress shall make no law respecting an establishment of religion . . ." After hearing a speech in which the audience was queried on their knowledge of these 10 words, known as the Establishment Clause, Barry Adamson realized with embarrassment that he lacked that understanding himself. He immediately began an intense study of the First Amendment and its intended purpose. After interviewing several people about their experience with the Establishment Clause, he realized that, like him, few understood its meaning. In addition, Adamson found that most volumes written on the subject were not written for the average person, inspiring him to author an evenhanded, easy-to-read book. His intention was to provide "an objective chronicle of the historical origins of the phrase 'establishment of religion' and what our forefathers originally meant when they adopted the First Amendment."

Religious Liberty and the American Supreme Court

Religious Liberty and the American Supreme Court
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.

First Amendment Law

First Amendment Law
Author: Arthur D. Hellman
Publisher:
Total Pages: 1206
Release: 2010
Genre: Law
ISBN:

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.

The Religion Clauses

The Religion Clauses
Author: Erwin Chemerinsky
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2020
Genre: Law
ISBN: 0190699736

"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"--

The Religion Clauses of the First Amendment

The Religion Clauses of the First Amendment
Author: Ellis M. West
Publisher:
Total Pages: 0
Release: 2013-05-03
Genre: Church and state
ISBN: 9780739146781

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.

The Myth of American Religious Freedom

The Myth of American Religious Freedom
Author: David Sehat
Publisher: Oxford University Press
Total Pages: 368
Release: 2011-01-14
Genre: Religion
ISBN: 0199793115

In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

Freedom of Speech, the Press, and Religion

Freedom of Speech, the Press, and Religion
Author: John Rokutani
Publisher: Enslow Publishing, LLC
Total Pages: 50
Release: 2017-07-15
Genre: Juvenile Nonfiction
ISBN: 0766085503

The Bill of Rights is one of the most influential documents in American history. These ten amendments safeguard the basic rights that every American has. The First Amendment protects Americans’ right to speak freely, assemble peacefully, and practice their own religions, and for journalists to write any story they choose. This book delves into the history of the amendment, from its conception to its writers, why it was written, and why it is still so important today. Through clear and exciting text, explanations of the interpretation of the amendment are revealed, as well as important court cases that set its precedent. Primary source documents allow readers to examine the amendments themselves and come up with their own conclusions. Full-color and black-and-white photos help students better understand the document and its creation. Further reading and sidebars encourage students to explore the amendments further, and a glossary helps students master new vocabulary.

The First Freedoms

The First Freedoms
Author: Thomas J. Curry
Publisher: Oxford University Press on Demand
Total Pages: 289
Release: 1986
Genre: Literary Criticism
ISBN: 0195051815

Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one religion, as critics of the Court assert? The First Freedoms studies the church-state context of colonial and revolutionary America to present a bold new reading of the historical meaning of the religion clauses of the First Amendment. Synthesizing and interpreting a wealth of evidence from the founding of Virginia to the passage of the Bill of Rights, including everything published in America before 1791, Thomas Curry traces America's developing ideas on religious liberty and offers the most extensive investigation ever of the historical origins and background of the First Amendment's religion clauses.