Lemon V. Kurtzman

Lemon V. Kurtzman
Author: Leah Farish
Publisher: Enslow Publishing
Total Pages: 132
Release: 2000
Genre: Education
ISBN: 9780766013391

Discusses the details and the impact of the Supreme Court's decision in Lemon v. Kurtzman, which was about the use of public funds in connection with religion.

The Constitution & Religion

The Constitution & Religion
Author: Robert S. Alley
Publisher:
Total Pages: 556
Release: 1999
Genre: Law
ISBN:

"Edited with a carefully prepared historical introduction that places the First Amendment in the context of eighteenth-century debates over religious freedom, The Constitution and Religion offers a fresh analysis of the amendment's origins. In a collection of fifty recent and historical decisions concerning freedom of religion, Robert S. Alley places readers at the heart of the national debate, presenting the cases without editorial comment. By carefully extracting extended footnoting and citations that, in the full text, tend to separate legal opinions from public interest, Alley has cast the justices' thoughts in a format that captures the drama and, frequently, the eloquence of the prose that is, for now, the law of the land."--Jacket.

American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

US Supreme Court Doctrine in the State High Courts

US Supreme Court Doctrine in the State High Courts
Author: Michael P. Fix
Publisher: Cambridge University Press
Total Pages: 209
Release: 2020-08-20
Genre: Law
ISBN: 1108864872

US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.

Taking Rites Seriously

Taking Rites Seriously
Author: Francis J. Beckwith
Publisher: Cambridge University Press
Total Pages: 241
Release: 2015-11-12
Genre: Political Science
ISBN: 1316432459

Taking Rites Seriously is about how religious beliefs and religious believers are assessed by judges and legal scholars and are sometimes mischaracterized and misunderstood by those who are critical of the influence of religion in politics or in the formation of law. Covering three general topics - reason and motive, dignity and personhood, nature and sex - philosopher and legal theorist Francis J. Beckwith carefully addresses several contentious legal and cultural questions over which religious and non-religious citizens often disagree: the rationality of religious belief, religiously motivated legislation, human dignity in bioethics, abortion and embryonic stem cell research, reproductive rights and religious liberty, evolutionary theory, and the nature of marriage. In the process, he responds to some well-known critics of public faith - including Brian Leiter, Steven Pinker, Suzanna Sherry, Ronald Dworkin, John Rawls, and Richard Dawkins - as well as to some religiously conservative critics of secularism, such as the advocates for intelligent design.

Church, State, and Freedom

Church, State, and Freedom
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)

The Establishment Clause

The Establishment Clause
Author: Leonard W. Levy
Publisher: UNC Press Books
Total Pages: 222
Release: 2017-03-01
Genre: Law
ISBN: 146962043X

Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.

Guardian of the Wall

Guardian of the Wall
Author: J. David Holcomb
Publisher: Rowman & Littlefield
Total Pages: 247
Release: 2020-11-13
Genre: Law
ISBN: 0739149032

Guardian of the Wall examines Leo Pfeffer's church-state thought and its influence on the U.S. Supreme Court. The book argues that Pfeffer’s understanding of the First Amendment’s religion clauses, shaped as it was by his historical and religious context, led him to advocate a separationist historical narrative and absolutist application of the Establishment and Free Exercise Clauses. Pfeffer’s jurisprudence was pivotal in shaping the U.S. Supreme Court’s interpretation of the First Amendment throughout the last half of the twentieth century. Guardian of the Wall challenges the popular contention that Pfeffer’s separationist philosophy was hostile to religion and sought to remove religion from the public square. Instead, it illustrates how Pfeffer believed a broad reading of both religion clauses protected religious freedom, secured religious equality, and fostered authentic participation of religion in public life. The book concludes by analyzing the Court’s shift away from the strict separation of church and state during the past thirty years and contends that the Court should reconsider Pfeffer’s approach to the First Amendment’s religion clauses.

Over the Wall

Over the Wall
Author: Frank Guliuzza III
Publisher: State University of New York Press
Total Pages: 240
Release: 2000-01-27
Genre: Political Science
ISBN: 0791493180

Over the Wall enters the extensive, and often heated, contemporary debates over both religion and politics and the desired relationship between church and state. Author Frank Guliuzza links the process of "secularization" with the Supreme Court's penchant for "separation," and argues that should policymakers desire to do something about the former, they need to reevaluate the latter. The book supplements the argument that, increasingly, there is evidence to demonstrate that religious people are not taken seriously in the marketplace of political ideas. That does not mean that religious people, particularly evangelical Christians, are not participating actively in politics. On the contrary, while religious believers are becoming ever more active in politics and political debate, they are taken less and less seriously. Guliuzza claims that this reaction to religious-based political expression is evidence of a concerted effort, though one that comes from multiple perspectives, to produce not simply a secular nation, but, rather, a secular society. Guliuzza describes the linkage between those who want to secularize and privatize public space with those who insist that the Constitution's establishment clause requires "separation"—separation of church from state, and separation of religion from that which is not religion. He argues that if one is serious about ending secularization, inasmuch as it impacts upon religious-based political participation, then one must look for a different approach to the establishment clause than that offered by the Supreme Court in Everson v Board of Education (1947) and Lemon v Kurtzman (1971). He considers the alternative approaches proffered in the literature and by those on the Court, and selects one: "authentic neutrality." Guliuzza asserts that by modifying the Court's approach to the establishment clause, there will be a substantial reduction in the negative consequences of secularization and separation.