The Religion Clauses of the First Amendment

Author: Ellis M. West
Publisher: Lexington Books
ISBN: 0739146793
Format: PDF
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Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.

The Establishment Clause

Author: Leonard W. Levy
Publisher: UNC Press Books
ISBN: 146962043X
Format: PDF, ePub, Mobi
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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.

First freedoms

Author: Charles C. Haynes
Publisher: Oxford University Press, USA
ISBN: 9780195157505
Format: PDF
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Uses thirty-seven documents from the Charter of Rhode Island and Providence Plantations in 1663 to the Patriot Act of 2001 to explore the origins and attacks on the First Amendment.

Church State and Original Intent

Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 0521119189
Format: PDF
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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.

No Establishment of Religion

Author: T. Jeremy Gunn
Publisher: Oxford University Press
ISBN: 0199986010
Format: PDF, Docs
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The First Amendment guarantee that "Congress shall make no law respecting an establishment of religion" rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. The exact meaning and application of this American innovation, however, has always proved elusive. Individual states found it difficult to remove traditional laws that controlled religious doctrine, liturgy, and church life, and that discriminated against unpopular religions. They found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitution prohibit governmental support for religion altogether, or just preferential support for some religions over others? Did it require that government remove Sabbath, blasphemy, and oath-taking laws, or could they now be justified on other grounds? Did it mean the removal of religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? These twelve essays stake out strong and sometimes competing positions on what "no establishment of religion" meant to the American founders and to subsequent generations of Americans, and what it might mean today.

Equality Freedom and Religion

Author: Roger Trigg
Publisher: Oxford University Press
ISBN: 0199576858
Format: PDF, Docs
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How far should religious practices be curtailed in pursuit of other social goals, such as equality and the removal of discrimination? This book reasons that religious freedom is one of our most precious freedoms, and essential to democracy, drawing on examples from across the Western world.

American Government and Politics Today The Essentials 2008

Author: Barbara Bardes
Publisher: Cengage Learning
ISBN: 0495503258
Format: PDF, Kindle
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The best-selling book published for American Government, AMERICAN GOVERNMENT AND POLITICS TODAY: THE ESSENTIALS 2008 EDITION enables students to experience the excitement that comes from active, informed citizenship. Bardes, Shelley, and Schmidt's text is renowned for providing unbiased, comprehensive, and up-to-date coverage of constitutional, governmental, political, social, and economic structures and processes in a concisely organized package. Inspiring and captivating, the text's overriding theme is the importance of informed active citizenship. The pedagogy underscores this theme by soliciting critical thinking about political issues and encouraging students to become involved the political process. With keen awareness of its audience, AMERICAN GOVERNMENT AND POLITICS TODAY: THE ESSENTIALS 2008 EDITION incorporates current examples, the Internet, and other media to stimulate learning and excitement about American government. This truly interactive text gives students more than reading material--it gives them tools to become good citizens. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The American Constitution and Religion

Author: Richard J. Regan
Publisher: CUA Press
ISBN: 0813221528
Format: PDF
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The Supreme Court s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating as additional cases come before the court. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion.

Masters of Illusion

Author: Frank S. Ravitch
Publisher: NYU Press
ISBN: 0814775853
Format: PDF, ePub
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Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.