Religion, Law, and the Constitution
Author | : Daniel O. Conkle |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Freedom of expression |
ISBN | : 9781634597647 |
Softbound - New, softbound print book.
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Author | : Daniel O. Conkle |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Freedom of expression |
ISBN | : 9781634597647 |
Softbound - New, softbound print book.
Author | : Christopher L. Eisgruber |
Publisher | : Harvard University Press |
Total Pages | : 346 |
Release | : 2010-04-10 |
Genre | : Political Science |
ISBN | : 0674034457 |
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Author | : Paul Horwitz |
Publisher | : Oxford University Press, USA |
Total Pages | : 351 |
Release | : 2011-02-17 |
Genre | : Language Arts & Disciplines |
ISBN | : 019973772X |
"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.
Author | : Dian A. H. Shah |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2017-10-26 |
Genre | : History |
ISBN | : 1107183340 |
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author | : Geoffrey R. Stone |
Publisher | : Liveright Publishing |
Total Pages | : 935 |
Release | : 2017-03-21 |
Genre | : Law |
ISBN | : 1631493655 |
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author | : Michael W. McConnell |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780735561373 |
Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it
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.
Author | : Sarah Barringer Gordon |
Publisher | : Harvard University Press |
Total Pages | : 358 |
Release | : 2010-04-30 |
Genre | : History |
ISBN | : 9780674046542 |
The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.