Religious Expression and the American Constitution

Religious Expression and the American Constitution
Author: Franklyn S. Haiman
Publisher: MSU Press
Total Pages: 272
Release: 2003-10-31
Genre: Language Arts & Disciplines
ISBN: 0870139231

First Amendment rights have been among the most fiercely debated topics in the aftermath of 9/11. In the current environment and fervor for “homeland security,” personal freedoms in exchange for security are coming under more scrutiny. Among these guaranteed freedoms are the protection of religious expression given by the U.S. Constitution and the constitutional prohibitions against behaviors that violate the separation of church and state. The mandate that the government “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” is a general principle that has guided American courts in interpreting the original intent of the First Amendment. In Religious Expression and the American Constitution, Haiman focuses on the current state of American law with respect to a broad range of controversial issues affecting religious expression, both verbal and nonverbal, along with a review of the recent history of each issue to provide a full understanding.

Religious Freedom and the Constitution

Religious Freedom and the Constitution
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
Total Pages: 346
Release: 2010-04-10
Genre: Political Science
ISBN: 067426326X

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.

Religion and the Constitution

Religion and the Constitution
Author: Michael W. McConnell
Publisher: Aspen Publishing
Total Pages: 903
Release: 2016-02-29
Genre: Law
ISBN: 145487614X

Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

Religion and the American Constitutional Experiment

Religion and the American Constitutional Experiment
Author: John Witte, Jr.
Publisher: Oxford University Press
Total Pages: 465
Release: 2022
Genre: Law
ISBN: 0197587615

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of theAmerican experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the freeexercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule oflaw, even if it needs judicious balancing with other fundamental rights and state interests.Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemptionclaims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

Beyond the Pledge of Allegiance

Beyond the Pledge of Allegiance
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights
Publisher:
Total Pages: 194
Release: 2005
Genre: Political Science
ISBN:

Church and State

Church and State
Author: David K. Ryden
Publisher:
Total Pages: 0
Release:
Genre: Politics & International Relations
ISBN:

This thoroughly annotated document collection gives students and researchers an authoritative source for understanding the evolving political and legal relationship between church and state from colonial times to the present day. The First Amendment to the Constitution of the United States declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment Clause, meanwhile, declares a position of neutrality not only between differing religions, but between religious and nonreligious beliefs. The terms of the Free Exercise Clause, however, provide special protections to religious belief and practice. Thus the provisions of the two clauses can clash. In fact, differing political and legal interpretations of these clauses have resulted in some of the most hard-fought and contentious philosophical battles in American history. This book provides readers with convenient access to pertinent documents and court cases that enables a deeper understanding of the past and current balance between church and state and its political implications in the 21st century. The expert commentary that accompanies these key documents serves to elucidate how interpretation of the U.S. Constitution affects issues such as whether public funds or other public support should go to religious-based schools or hospitals; how to safeguard individuals' rights to religious expression while also considering how individuals should not be forced to participate in mandatory religious expressions in public institutions; and how the language regarding "separation of church and state" came about, when this phrase does not appear anywhere in the Constitution.

Religion And The American Constitutional Experiment

Religion And The American Constitutional Experiment
Author: John Witte
Publisher: Westview Press
Total Pages: 408
Release: 2000
Genre: Law
ISBN:

Calls for a return to the principled approach to religious rights, evident both in the American founding era and in the modern human rights movement.