The Supreme Court and Religion in American Life Vol 1

Author: James Hitchcock
Publisher: Princeton University Press
ISBN: 9781400826254
Format: PDF, ePub, Docs
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.

The Supreme Court and Religion in American Life Vol 2

Author: James Hitchcock
Publisher: Princeton University Press
ISBN: 9781400826261
Format: PDF, Kindle
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

That Eminent Tribunal

Author: Christopher Wolfe
Publisher: Princeton University Press
ISBN: 9781400826285
Format: PDF, ePub
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The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

Democratic Faith

Author: Patrick Deneen
Publisher: Princeton University Press
ISBN: 9781400826896
Format: PDF
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The American political reformer Herbert Croly wrote, "For better or worse, democracy cannot be disentangled from an aspiration toward human perfectibility." Democratic Faith is at once a trenchant analysis and a powerful critique of this underlying assumption that informs democratic theory. Patrick Deneen argues that among democracy's most ardent supporters there is an oft-expressed belief in the need to "transform" human beings in order to reconcile the sometimes disappointing reality of human self-interest with the democratic ideal of selfless commitment. This "transformative impulse" is frequently couched in religious language, such as the need for political "redemption." This is all the more striking given the frequent accompanying condemnation of traditional religious belief that informs the "democratic faith." At the same time, because so often this democratic ideal fails to materialize, democratic faith is often subject to a particularly intense form of disappointment. A mutually reinforcing cycle of faith and disillusionment is frequently exhibited by those who profess a democratic faith--in effect imperiling democratic commitments due to the cynicism of its most fervent erstwhile supporters. Deneen argues that democracy is ill-served by such faith. Instead, he proposes a form of "democratic realism" that recognizes democracy not as a regime with aspirations to perfection, but that justifies democracy as the regime most appropriate for imperfect humans. If democratic faith aspires to transformation, democratic realism insists on the central importance of humility, hope, and charity.

The Future of Assisted Suicide and Euthanasia

Author: Neil M. Gorsuch
Publisher: Princeton University Press
ISBN: 9780691140971
Format: PDF, Mobi
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After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

The Culture of Disbelief

Author: Stephen L. Carter
Publisher: Anchor
ISBN: 0385474989
Format: PDF, ePub
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In an updated version of his successful book, the author of Reflections of an Affirmative Action Baby argues that religion can play a role in the nation's politics, law and culture while maintaining its separation from state. Reprint.

Attitudes Aren t Free

Author: James E. Parco
Publisher: Enso Books
ISBN: 1585662046
Format: PDF, ePub, Mobi
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"Attitudes Aren't Free offers a framework for improving policy in the areas of religious expression, open homosexuality, race, gender, ethics, and other current issues affecting military members. Parco and Levy provide us with a unique and robust discussion of divisive topics that everyone thinks about serving our nation - in and out of uniform - becoeme intimately familiar with this book."--P. [4] of cover.

Freedom of Religion Under Bills of Rights

Author: Paul Babie
Publisher: University of Adelaide Press
ISBN: 098717181X
Format: PDF, Docs
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"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

My Own Words

Author: Ruth Bader Ginsburg
Publisher: Simon and Schuster
ISBN: 150114524X
Format: PDF
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"The first book from Ruth Bader Ginsburg since becoming a Supreme Court Justice in 1993--a ... collection of writings and speeches from the woman who has had [an] ... influence on law, women's rights, and popular culture"--