An Inquiry Into The Ecclesiatical Constitution
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An Inquiry into the right to change the ecclesiastical constitution of the Congregational Churches of Massachusetts. ... To which is prefixed Dr. Morse's report to the General Association of Massachusetts, from the Panoptist of Aug. 1815. [Signed: A Layman, i.e. John Lowell.]
| Author | : John LOWELL (LL.D., the Younger.) |
| Publisher | : |
| Total Pages | : 100 |
| Release | : 1816 |
| Genre | : |
| ISBN | : |
Separation of Church and State
| 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.
Individual Rights and Liberties Under the U.S. Constitution
| Author | : Ioannis G. Dimitrakopoulos |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 1141 |
| Release | : 2007 |
| Genre | : Political Science |
| ISBN | : 9004157913 |
"Individual Rights and Liberties Under the U.S. Constitution" offers an insightful and detailed summarization of the U.S. Supreme Court's case law to both American and European scholars and students alike.
Aspen Treatise for Constitutional Law
| Author | : Erwin Chemerinsky |
| Publisher | : Aspen Publishing |
| Total Pages | : 1540 |
| Release | : 2023-02-15 |
| Genre | : Law |
| ISBN | : 1543857604 |
Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the 7th Edition: Discussion of many new cases, including: Allen v. Cooper; American Legion v. American Humanist Association.; Americans for Prosperity Foundation v. Bonta; California v. Texas; Calvary Chapel Dayton Valley v. Sisolak; Campbell-Ewald v. Gomez; Carr v. Saul; Carson v. Makin; Cedar Point Nursery v. Hassid; Central Virginia Community College v. Katz; City of Austin v. Reagan National Advertising; Collins v. Yellen; Davis v. Bandemer; Dept. of Commerce v. New York; Dobbs v. Jackson Women’s Health Organization; Espinoza v. Montana Department of Revenue; Franchise Tax Board v. Hyatt; Fulton v. City of Philadelphia; Gundy v. U.S.; June Medical Services LLC v. Russo; Kennedy v. Bremerton School District; Knick v. Township of Scott, Pennsylvania; Lamone v. Benisek; Mahanoy Area School District v. B.L.; Manhattan Community Access Corp. v. Halleck; Merrill v. Milligan; New York Rifle and Pistol Association. v. Bruen; New York State Rifle and Pistol Association., Inc. v. City of New York, NY; Our Lady of Guadalupe School v. Morrissey-Berru; PennEast Pipeline Co. v. New Jersey; Ramos v. Louisiana; Republican National Committee v. Democratic National Committee; Roman Catholic Diocese of Brooklyn v. Cuomo; Rucho v. Common Cause; Seila Law LLC v. Consumer Financial Protection Bureau; Siegel v. Fitzgerald; Shurtleff v. City of Boston; South Bay Pentecostal Church v. Newsom; Tandon v. Newsom; Tennessee Wine & Spirits Retailers Association. v. Thomas; Timbs v. Indiana; Torres v. Texas Dept. of Public Safety; TransUnion LLC v. Ramirez; Trump v. Hawaii; Trump v. Mazars USA, LLP; Trump v. Vance; U.S. v. Arthrex, Inc.; U.S. v. Sanchez-Gomez; U.S. v. Washington; Uzuegbunam v. Preczewski; Veith v. Jubelirer; West Virginia v. EPA; and Whole Woman’s Health v. Jackson Benefits for instructors and students: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of constitution, examining the existential question of why we have a 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 | : 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.
