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The Establishment Clause

2017-03-01 Law
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Release : 2017-03-01
Genre : Law
Kind : eBook
Book Rating : 43X/5 ( reviews)

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Book Synopsis The Establishment Clause by : Leonard W. Levy

Download or read book The Establishment Clause written by Leonard W. Levy. This book was released on 2017-03-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Religion Clauses

2020 Law
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Release : 2020
Genre : Law
Kind : eBook
Book Rating : 736/5 ( reviews)

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Book Synopsis The Religion Clauses by : Erwin Chemerinsky

Download or read book The Religion Clauses written by Erwin Chemerinsky. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

When Free Exercise and Nonestablishment Conflict

2017-06-19 Law
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Release : 2017-06-19
Genre : Law
Kind : eBook
Book Rating : 005/5 ( reviews)

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Book Synopsis When Free Exercise and Nonestablishment Conflict by : Kent Greenawalt

Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt. This book was released on 2017-06-19. Available in PDF, EPUB and Kindle. Book excerpt: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?

The Establishment Clause

1986 History
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Release : 1986
Genre : History
Kind : eBook
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Book Synopsis The Establishment Clause by : Leonard Williams Levy

Download or read book The Establishment Clause written by Leonard Williams Levy. This book was released on 1986. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Separation of Church and State

2009-06-30 Law
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Release : 2009-06-30
Genre : Law
Kind : eBook
Book Rating : 185/5 ( reviews)

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Book Synopsis Separation of Church and State by : Philip HAMBURGER

Download or read book Separation of Church and State written by Philip HAMBURGER. This book was released on 2009-06-30. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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