The Law of Church and State in the Supreme Court Revisited


Book Description

The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." In modern times the Supreme Court has frequently construes these clauses to create, in Thomas Jefferson's oft-quoted metaphor, a "wall of separation between church and state". The Court's decisions have precipitated substantial opposition and, in particularly since the election of Ronald Reagan to the Presidency in 1980, a concerted and partly successful effort to change its separatist constructions of the religion clauses. This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the Court has handed down concerning church and state since 1980.




Religion and the Law


Book Description

There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.




The Religion Clauses


Book Description

"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"--







The Law of Church and State


Book Description

The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." In modern time the Supreme Court has frequently construed these clauses to create, in Thomas Jefferson's oft-quoted metaphor, "a wall of separation between church and state". This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the court has handed down concerning church and state since 1980.




Church, State, and Original Intent


Book Description

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.




That Godless Court?


Book Description

The religion clauses of the First Amendment, which seem simple and clear, have been and continue to be controversial in their application. Church-state issues have never been more complex, controversial, and divisive than they are today. In this helpful and instructive book, Ronald B. Flowers explains clearly and concisely the intricacies and implications of Supreme Court decisions in the volatile area of church-state relations. This is an ideal primer for those Americans who have listened to the debates about what the Supreme Court has and has not said about the relationship between church and state, and where the boundaries between the two have been eroded. It is also ideal for use in the classroom, specifically in undergraduate courses in religion and the court, introductions to U.S. constitutional law, constitutional law and politics, and the Supreme Court. The book is also a helpful tool for pastors, clarifying contemporary church-state issues that impact their churches and parishioners directly and indirectly.




Toward Benevolent Neutrality


Book Description

Also included are essays interpreting the historical background and legal issues involved in each case, beginning with the principal events leading to the adoption of the First Amendment.







The Supreme Court and the Attitudinal Model Revisited


Book Description

Two leading scholars of the Supreme Court explain and predict its decision making.