Freedom of Religion, the First Amendment, and the Supreme Court
Author :
Publisher : Pelican Publishing
Page : 432 pages
File Size : 33,19 MB
Release : 2008
Category : Church and state
ISBN : 9781455604586
Author :
Publisher : Pelican Publishing
Page : 432 pages
File Size : 33,19 MB
Release : 2008
Category : Church and state
ISBN : 9781455604586
Author : Ronald Bruce Flowers
Publisher :
Page : 1224 pages
File Size : 28,95 MB
Release : 2008
Category : Law
ISBN :
It is clear, relevant, and an essential text for the twenty-first century.
Author : Arthur D. Hellman
Publisher :
Page : 1206 pages
File Size : 38,41 MB
Release : 2010
Category : Law
ISBN :
This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
Author : Vincent Phillip Munoz
Publisher : Rowman & Littlefield
Page : 679 pages
File Size : 18,68 MB
Release : 2015-03-27
Category : Political Science
ISBN : 1442250321
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. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
Author : Ellis M. West
Publisher :
Page : 0 pages
File Size : 40,6 MB
Release : 2013-05-03
Category : Church and state
ISBN : 9780739146781
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.
Author : United States
Publisher :
Page : 66 pages
File Size : 28,21 MB
Release : 1893
Category :
ISBN :
Author : Erwin Chemerinsky
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 33,84 MB
Release : 2020
Category : Law
ISBN : 0190699736
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Author : Joseph Story
Publisher :
Page : 800 pages
File Size : 30,97 MB
Release : 1833
Category : Constitutional history
ISBN :
Author : John Rokutani
Publisher : Enslow Publishing, LLC
Page : 50 pages
File Size : 12,50 MB
Release : 2017-07-15
Category : Juvenile Nonfiction
ISBN : 0766085503
The Bill of Rights is one of the most influential documents in American history. These ten amendments safeguard the basic rights that every American has. The First Amendment protects Americans right to speak freely, assemble peacefully, and practice their own religions, and for journalists to write any story they choose. This book delves into the history of the amendment, from its conception to its writers, why it was written, and why it is still so important today. Through clear and exciting text, explanations of the interpretation of the amendment are revealed, as well as important court cases that set its precedent. Primary source documents allow readers to examine the amendments themselves and come up with their own conclusions. Full-color and black-and-white photos help students better understand the document and its creation. Further reading and sidebars encourage students to explore the amendments further, and a glossary helps students master new vocabulary.
Author : David Sehat
Publisher : Oxford University Press
Page : 368 pages
File Size : 33,22 MB
Release : 2011-01-14
Category : Religion
ISBN : 0199793115
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.