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The Constitution Religion

Author: Robert S. Alley
Publisher:
ISBN:
Size: 26.60 MB
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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.

Religious Liberty In The Supreme Court

Author: Terry Eastland
Publisher: Ethics & Public Policy Center
ISBN:
Size: 20.49 MB
Format: PDF
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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.

Religion And The American Constitutional Experiment

Author: Joel A. Nichols
Publisher: Oxford University Press
ISBN: 0190459425
Size: 44.74 MB
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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"--

The Oxford Handbook Of Church And State In The United States

Author: Derek H. Davis
Publisher: Oxford University Press
ISBN: 0199716935
Size: 32.85 MB
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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.

Religion State And The Burger Court

Author: Leo Pfeffer
Publisher:
ISBN:
Size: 33.33 MB
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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.

Church State Issues In America Today

Author: Ann W. Duncan
Publisher: Greenwood Publishing Group
ISBN: 157356754X
Size: 68.90 MB
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Provides crucial insight into the controversies surrounding issues surrounding the separation of church and state.

The Establishment Clause

Author: Leonard W. Levy
Publisher: UNC Press Books
ISBN: 146962043X
Size: 70.32 MB
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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.

Church State And Original Intent

Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 0521119189
Size: 27.14 MB
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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.

Ein S Kulares Zeitalter

Author: Charles Taylor
Publisher: Suhrkamp Verlag
ISBN: 3518740407
Size: 64.61 MB
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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.

Separation Of Church And State

Author: Philip HAMBURGER
Publisher: 清华大学出版社有限公司
ISBN: 9780674007345
Size: 35.91 MB
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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.