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The Supreme Court and Religion in American Life, Vol. 1

The Supreme Court and Religion in American Life, Vol. 1
Author: James Hitchcock
Publisher: Princeton University Press
Total Pages: 233
Release: 2009-01-10
Genre: Law
ISBN: 140082625X

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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.


Religious Liberty and the American Supreme Court

Religious Liberty and the American Supreme Court
Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
Total Pages: 679
Release: 2015-03-27
Genre: Political Science
ISBN: 1442250321

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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. 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.


The Supreme Court and Religion in American Life: From "higher law" to "sectarian scruples."

The Supreme Court and Religion in American Life: From
Author: James Hitchcock
Publisher:
Total Pages:
Release: 2004
Genre: Church and state
ISBN:

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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools.


The Supreme Court and Religion

The Supreme Court and Religion
Author: Richard E. Morgan
Publisher:
Total Pages: 232
Release: 1972
Genre: Political Science
ISBN:

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The Supreme Court and Religion in American Life, Vol. 2

The Supreme Court and Religion in American Life, Vol. 2
Author: James Hitchcock
Publisher:
Total Pages: 280
Release: 2004-08-08
Genre: Law
ISBN:

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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools.


First Among Equals

First Among Equals
Author: Kenneth W. Starr
Publisher: Grand Central Publishing
Total Pages: 224
Release: 2008-12-14
Genre: Law
ISBN: 0446554162

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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.


Religion in American Public Life

Religion in American Public Life
Author: James A. Reichley
Publisher: Brookings Institution Press
Total Pages: 424
Release: 2010-12-01
Genre: Political Science
ISBN: 9780815720553

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"We are," said Supreme Court Justice William O. Douglas, "a religious people," and his observation is continually borne out in every aspect of American public life. Religious ideals underlay the founding of the colonies and the firming of the new nation; the activities of churches have been closely interwined with politics in the abolition of slavery, the drive for women's suffrage, the prohibition of liquor,and the civil rights movement of the 1960s. The recent revival of arguments over the participation of relgious groups in politics points up the continuing controversey about the separation of church and state. In this study, A. James Reichley places religion and politics within a conceptual framework that considers the values in which both are rooted and examines, in light of that framework, the actual impact of religion and religious groups on American public life. He analyzes the underlying causes and issues involved, their contemporary impact, and their continuing evolution. Finally he discusses how the involvement of religious groups in politics can be carried on within the context of the separation of church and state without threat to civil liberties or seculat politicalization of religion.


Religion and the American Constitutional Experiment

Religion and the American Constitutional Experiment
Author: John Witte, Jr.
Publisher: Westview Press
Total Pages: 384
Release: 2010-07-27
Genre: Political Science
ISBN: 9780813344751

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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.


American Crusade

American Crusade
Author: Andrew L. Seidel
Publisher: Union Square Press
Total Pages: 0
Release: 2022-09-27
Genre: History
ISBN: 9781454943921

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Is a fight against equality and for privilege a fight for religious supremacy? A constitutional attorney dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that "crusade." Critically acclaimed author and constitutional attorney Andrew L. Seidel looks at some of the key Supreme Court cases of the last thirty years--including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery can deny making a wedding cake for a gay couple), Trump v. Hawaii (the anti-Muslim travel ban case), American Legion v. American Humanist Association (related to a group maintaining a 40-foot Christian cross on government-owned land), and Tandon v. Newsom (a Santa Clara Bible group exempted from Covid health restrictions)--and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. The book will include a foreword by noted constitutional scholar Erwin Chemerinsky.