Religion And The American Constitutional Experiment


Book Description

Calls for a return to the principled approach to religious rights, evident both in the American founding era and in the modern human rights movement.







Religion and the American Constitutional Experiment


Book Description

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of theAmerican experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the freeexercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule oflaw, even if it needs judicious balancing with other fundamental rights and state interests.Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemptionclaims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.




Religion and the American Constitutional Experiment


Book Description

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The new 5th edition of this classic textbook provides a comprehensive interdisciplinary overview of the historical formation and judicial application of the First Amendment guarantees of no establishment and free exercise of religion. The authors offer a balanced and accessible analysis of all the Supreme Court's cases from 1815-2021.




Religion And The American Constitutional Experiment


Book Description

This volume offers a novel reading of the American constitutional experiment in religious liberty. The First Amendment, John Witte argues, is a synthesis of both the theological convictions and the political calculations of the eighteenth-century American founders. The founders incorporated six interdependent principles into the First Amendment—liberty of conscience, freedom of exercise, equality of faiths, plurality of confessions, disestablishment of religion, and separation of church and state. Both the nuance and the balance of these six principles have often been lost on current interpreters of the First Amendment. Particularly the Supreme Court has tended to reduce the First Amendment to mechanical tests and metaphorical formulae that often replace, rather than guide, its analysis and application of these principles. First Amendment doctrine today has thus become notoriously confused, casuistic, and self-contradictory.Religion and the American Constitutional Experiment urges a return to the principled approach to religious rights, evident both in the American founding era and in the modern international human rights movement. Witte uses these principles to analyze the free exercise and establishment case law of the last two centuries. He then illustrates the virtues of his principled approach through analysis of the thorny contests over tax exemptions for religions, the role of religion in the public school, among others.This lucid and engaging volume serves both as a provocative primer for students and a pristine restatement for specialists in law, religion, history, politics, and American studies. Through a fresh reading of the sources and cases, and through the discovery and introduction of several new materials, the author reclaims the essential value, vigor, and vitality of our most cherished religious rights and liberties.




Religion And The American Constitutional Experiment


Book Description

This new edition offers a novel reading of the American constitutional experiment in religious liberty. Lucid and engaging, this volume serves as a provocative primer for students, and a pristine restatement for specialists in law, religion, history, sociology, politics, and American studies. Through a fresh reading of familiar sources and cases, and through the discovery and introduction of new cases and materials, the author reclaims the essential value, vigor, and vitality of America's most essential and cherished religious rights and liberties.




Religious Liberty and the American Supreme Court


Book Description

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.




Religion and the American Constitutional Experiment


Book Description

The third edition of this classic book provides a comprehensive, multidisciplinary overview of the history, theory, law, and comparative analysis of American religious liberty from the earliest colonial period through the most recent Supreme Court cases. The authors present balanced, accessible discussions of controversial issues, such as funding religious schools and charities and displaying religious symbols on government property. Three chapters new to this edition cover the free exercise of religion, religion and public life, and religious organizations and the law. In addition, an expanded concluding chapter places the American experience in global context by comparing contemporary American religious liberty law with international human rights standards.




Fundamental Liberties of a Free People


Book Description

Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.




Religious Liberty and the American Supreme Court


Book Description

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 Supreme Court will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates.