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No Establishment Of Religion

Author: T. Jeremy Gunn
Publisher: Oxford University Press
ISBN: 0199860394
Size: 69.97 MB
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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 Free Exercise Of Religion In America

Author: Ellis M. West
Publisher: Springer
ISBN: 3030060527
Size: 48.37 MB
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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.

The Rise And Decline Of American Religious Freedom

Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674730135
Size: 79.98 MB
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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.

All Imaginable Liberty

Author: Francis Graham Lee
Publisher: University Press of America
ISBN: 9780819198860
Size: 36.78 MB
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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.

The First Liberty

Author: William Lee Miller
Publisher: Georgetown University Press
ISBN: 9781589014428
Size: 33.81 MB
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At a time when the concept of religion-based politics has taken on new and sometimes ominous tones—even within the United States—it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion—a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare—and demonstrates how the right to hold any religious belief has dynamically shaped American political life.

New Religious Movements And Religious Liberty In America

Author: Derek Davis
Publisher: Baylor University Press
ISBN: 0918954924
Size: 19.24 MB
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New nontraditional religious movements are the most likely groups to offend mainstream culture and the least likely to have representatives in government to ensure that their liberty is protected. These new religious movements are sometimes ostracized and subject to various forms of discrimination. As America becomes increasingly pluralistic, with more and more groups contributing to the nation's religious mosaic, new religious movements may well play an increasing role in the course of religious liberty in America, just as groups such as the Jehovah's Witnesses did formerly. This book explores the problems and possibilities posed by new religious movements for religious liberty in America.

Religious Liberty In America

Author: Bruce T. Murray
Publisher: Univ of Massachusetts Press
ISBN: 9781558496385
Size: 76.78 MB
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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.

Die Reformation Der Rechte

Author: John Witte Jr.
Publisher: Vandenhoeck & Ruprecht
ISBN: 3788728345
Size: 25.28 MB
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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 And The American Supreme Court

Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442208295
Size: 55.60 MB
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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.

American Christianities

Author: Catherine A. Brekus
Publisher: Univ of North Carolina Press
ISBN: 0807869147
Size: 15.77 MB
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From the founding of the first colonies until the present, the influence of Christianity, as the dominant faith in American society, has extended far beyond church pews into the wider culture. Yet, at the same time, Christians in the United States have disagreed sharply about the meaning of their shared tradition, and, divided by denominational affiliation, race, and ethnicity, they have taken stances on every side of contested public issues from slavery to women's rights. This volume of twenty-two original essays, contributed by a group of prominent thinkers in American religious studies, provides a sophisticated understanding of both the diversity and the alliances among Christianities in the United States and the influences that have shaped churches and the nation in reciprocal ways. American Christianities explores this paradoxical dynamic of dominance and diversity that are the true marks of a faith too often perceived as homogeneous and monolithic. Contributors: Catherine L. Albanese, University of California, Santa Barbara James B. Bennett, Santa Clara University Edith Blumhofer, Wheaton College Ann Braude, Harvard Divinity School Catherine A. Brekus, University of Chicago Divinity School Kristina Bross, Purdue University Rebecca L. Davis, University of Delaware Curtis J. Evans, University of Chicago Divinity School Tracy Fessenden, Arizona State University Kathleen Flake, Vanderbilt University Divinity School W. Clark Gilpin, University of Chicago Divinity School Stewart M. Hoover, University of Colorado at Boulder Jeanne Halgren Kilde, University of Minnesota David W. Kling, University of Miami Timothy S. Lee, Brite Divinity School, Texas Christian University Dan McKanan, Harvard Divinity School Michael D. McNally, Carleton College Mark A. Noll, University of Notre Dame Jon Pahl, The Lutheran Theological Seminary at Philadelphia Sally M. Promey, Yale University Jon H. Roberts, Boston University Jonathan D. Sarna, Brandeis University