No Establishment of Religion

Author: T. Jeremy Gunn
Publisher: Oxford University Press
ISBN: 0199860394
Format: PDF, ePub
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This book shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays in the volume stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today.

The Rise and Decline of American Religious Freedom

Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674730135
Format: PDF, ePub, Docs
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Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

The Free Exercise of Religion in America

Author: Ellis M. West
Publisher: Springer
ISBN: 3030060527
Format: PDF, ePub, Mobi
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This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.

Die Reformation der Rechte

Author: John Witte Jr.
Publisher: Vandenhoeck & Ruprecht
ISBN: 3788728345
Format: PDF, ePub, Mobi
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Johannes Calvin entwickelte ein neues Verständnis von Rechten und Freiheiten, von Kirche und Staat, das das Rechtssystem der frühen protestantischen Staaten formte. Seine Lehren, die sich schnell in Westeuropa ausbreiteten, wurden immer wieder durch große Krisen herausgefordert: die französischen Religionskriege, die niederländische Revolte, die englische Revolution, die amerikanische Kolonisation und Revolution. In solchen Krisen waren es Anhänger Calvins, die sein Denken aktualisierten und der neuen Situation anpassten. Eine Reihe grundlegender westlicher Auffassungen von Religion und politischen Rechten, sozialem und konfessionellem Pluralismus, Föderalismus und Gesellschaftsvertrag haben im frühmodernen Calvinismus ihren Ursprung.

Religious Liberty in America

Author: Bruce T. Murray
Publisher: Univ of Massachusetts Press
ISBN: 9781558496385
Format: PDF, Docs
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For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. This book re-examines these debates and distills the volumes of commentary and case law they have generated.

Religion and the American Constitutional Experiment

Author: Joel A. Nichols
Publisher: Oxford University Press
ISBN: 0190459425
Format: PDF, ePub
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"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"--

All Imaginable Liberty

Author: Francis Graham Lee
Publisher: University Press of America
ISBN: 9780819198860
Format: PDF, Kindle
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How were religious minorities treated in colonial times? What role did Catholics play in framing the religious liberty clauses of the First Amendment? How does the Supreme Court apply the sometimes contradictory commands of the free exercise and nonestablishment clauses? All Imaginable Liberty answers these questions in its tracing of the development of religious liberty from colonial times to the present. Articles by historians, political scientists, and lawyers explore the evolution of religious freedom and examine the role of the Supreme Court in extending and defining religious freedom. Francis Graham Lee introduces each section, addressing each article's contribution to the understanding of religious liberty in the contemporary United States.

Constitutional Debates on Freedom of Religion

Author: John J. Patrick
Publisher: Greenwood Publishing Group
ISBN: 9780313301407
Format: PDF
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Traces the history and development of the debate over the separation of religion and government in the United States through a collection of primary documents.

Religious Freedom

Author: John A. Ragosta
Publisher: University of Virginia Press
ISBN: 0813933706
Format: PDF, Docs
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Offers a defense of Thomas Jefferson's advocacy for a strict separation of church and state by examining his views on religious freedom. Shows how the First Amendment's focus on maintaining the authority of states to regulate religious freedom demonstrates that Jefferson demanded a firm separation of church and state within the United States but never sought a wholly secular public square.

Religious Liberty and the American Supreme Court

Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442208295
Format: PDF
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Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America.