It has been sixty years since the Supreme Court first addressed the subject of "Church and State" under what has come to be known as the incorporation doctrine, interpreting the Fourteenth Amendment to the Constitution as extending the First Amendment "religion clauses" to state and municipal actions. 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.
How real is the separation of church and state? Eastland introduces and summarizes over 25 of the most important rulings of the Supreme Court affecting religious liberty from 1940 to 1992. He also includes varied contemporary editorial responses from The New York Times, The Washington Post, Christian Century, Commonweal, and The New Republic.
"This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--
Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
The Supreme Court A to Z offers accessible information about the Supreme Court, including its history, traditions, organization, dynamics, and personalities. The entries in The Supreme Court A to Z are arranged alphabetically and are extensively cross-referenced to related information. This volume also has a detailed index, reference materials on Supreme Court nominations, a seat chart of the justices, the U.S. Constitution, online sources of decisions, and a bibliography to help simplify research. The fifth edition of The Supreme Court A to Z has been thoroughly updated to incorporate coverage of significant new cases and recent changes on the bench and includes more than 350 alphabetized entries. Presented in an engaging reader-friendly design, this edition includes: - Biographies of recently appointed Associate Justices Elena Kagan and Sonia Sotomayor - Updated entries on key issues and concepts, including abortion, campaigns and elections, civil rights, class action, due process, freedom of the press, retired justices, reapportionment and redistricting, school desegregation, and war powers - New entries on criminal law and media and the court, which highlights the Court's online presence - This timely resource also includes updated seat charts of the justices, online sources for finding decisions, and a selected bibliography The Supreme Court A to Z is part of CQ Press's five-volume American Government A to Z series.
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.
Was heißt es, daß wir heute in einem säkularen Zeitalter leben? Was ist geschehen zwischen 1500 – als Gott noch seinen festen Platz im naturwissenschaftlichen Kosmos, im gesellschaftlichen Gefüge und im Alltag der Menschen hatte – und heute, da der Glaube an Gott, jedenfalls in der westlichen Welt, nur noch eine Option unter vielen ist? Um diesen Wandel zu bestimmen und in seinen Folgen für die gegenwärtige Gesellschaft auszuloten, muß die große Geschichte der Säkularisierung in der nordatlantischen Welt von der frühen Neuzeit bis in die Gegenwart erzählt werden – ein herkulisches Unterfangen, dem sich der kanadische Philosoph Charles Taylor in seinem mit Spannung erwarteten neuen Buch stellt. Mit einem Fokus auf dem »lateinischen Christentum«, dem vorherrschenden Glauben in Europa, rekonstruiert er in geradezu verschwenderischem Detail die entscheidenden Entwicklungslinien in den Naturwissenschaften, der Philosophie, der Staats- und Rechtstheorie und in den Künsten. Dem berühmten Diktum von der wissenschaftlich-technischen »Entzauberung der Welt« und anderen eingeschliffenen Säkularisierungstheorien setzt er die These entgegen, daß es die Religion selbst war, die das Säkulare hervorgebracht hat, und entfaltet eine komplexe Mentalitätsgeschichte des modernen Subjekts, das heute im Niemandsland zwischen Glauben und Atheismus gefangen ist.
In Religion, State and the Burger Court, Leo Pfeffer, the leading authority on church/state law, presents a trenchant analysis of the decisions of the Supreme Court under Chief Justice Warren E. Burger, focusing on the Court's interpretation of the First and Fourteenth Amendments. These amendments that guarantee the separation of church and state and the free exercise of religion are fundamental to the unique character of democracy as it exists in the United States. However, the distinction between affairs of state and the concerns of organized religion has become blurred. In his examination of the Burger Court, Pfeffer found that, initially, it followed the precedents established by earlier courts and in some major respects it went even further. For example, it extended the ban on public school prayer and ruled financial aid to church-related schools to be unconstitutional. However, with the election of Ronald Reagan, the Burger Court moved toward greater accommodation and away from a separatist position. Pfeffer's description of these Supreme Court cases is nonpartisan and illuminates the legal issues and implications of these decisions for a lay audience. However, well-known as a strict separationist, Pfeffer does not withhold his own partisan judgement as to the significance and correctness of these decisions and the dangerous direction in which they may lead the court.
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion.
This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.
Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.
In this dynamic and wide-ranging collection of essays, prominent scholars examine the condition of church-state relations in the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and the law.
Dieses Werk ist Teil der Buchreihe TREDITION CLASSICS. Der Verlag tredition aus Hamburg veroffentlicht in der Buchreihe TREDITION CLASSICS Werke aus mehr als zwei Jahrtausenden. Diese waren zu einem Grossteil vergriffen oder nur noch antiquarisch erhaltlich. Mit der Buchreihe TREDITION CLASSICS verfolgt tredition das Ziel, tausende Klassiker der Weltliteratur verschiedener Sprachen wieder als gedruckte Bucher zu verlegen - und das weltweit! Die Buchreihe dient zur Bewahrung der Literatur und Forderung der Kultur. Sie tragt so dazu bei, dass viele tausend Werke nicht in Vergessenheit geraten
“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)
Establishment Clause: Religion and the First Amendment
Calling throughout for religion to be taken more seriously as a force for meaning in peoplee lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahh Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OOonnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc.