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Religion and the American Constitutional Experiment 5th Edition

Religion and the American Constitutional Experiment 5th Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780197587621
  • Previous Edition ISBN: 9780190459420
  • 出版时间 August 2022
  • 规格: Paperback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    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 the American 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 free exercise 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 of law, 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 exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

  • List of Tables ix
    Preface xi

    Introduction

    1:The American Experiment in Historical Context
    The First Millennium
    The Papal Revolution
    The Protestant Reformation
    Religious Establishment versus Religious Freedom in Europe
    Colonization and Experimentation

    2:The Theology and Politics of the Religion Clauses
    Puritan Views
    Evangelical Views
    Enlightenment Views
    Civic Republican Views
    Summary and Conclusions

    3:The Essential Rights and Liberties of Religion
    Liberty of Conscience
    Free Exercise of Religion
    Religious Pluralism
    Religious Equality
    Separation of Church and State
    Disestablishment of Religion
    Summary and Conclusions

    4:Forging the First Amendment Religion Clauses
    Religion and the Continental Congress
    The 1787 Constitutional Convention
    Ratification and Proposed Amendments
    Drafting the First Amendment Religion Clauses
    "Original Intent": Interpreting the Final Text
    Summary and Conclusions

    5:The Free Exercise of Religion: Mapping the Doctrinal Terrain
    Bringing a Free Exercise Case
    Factual Clusters of Free Exercise Cases
    Shifting Standards of Review in Free Exercise Cases

    6:First Amendment Religious Exercise, Expression, and Exemption
    Free Exercise and Polygamy (1879- 1890)
    Free Exercise and Conscientious Objection (1918- 1971)
    Freedom and Equality of Religious Expression (1940- 2015)
    Liberty of Conscience and Free Exercise Exemptions (1943- 1989)
    Summary and Conclusions

    7:The Free Exercise of Religion: Neutrality, Nondiscrimination, and Statutory Rights
    Neutralizing the Free Exercise Clause (1982- 1990)
    Neutrality and No State Discrimination Against Religion (1993- )
    Neutrality and Nondiscrimination in State Aid to Religious Education
    Neutrality and Nondiscrimination in the Time of Covid
    State Neutrality in Balancing Religious Liberty and Sexual Liberty
    Free Exercise of Religion as a Statutory Right (1993- )
    RFRA Cases in the Supreme Court
    RLUIPA Cases in the Supreme Court
    Summary and Conclusions

    8:Modern Establishment Law: Mapping the Doctrinal Terrain
    Bringing an Establishment Clause Case
    Mapping the Establishment Clause Cases
    Separationism
    Accommodationism
    Neutrality and the Lemon Test
    Endorsement
    No Coercion
    Equal Treatment/ Equal Access
    History and Tradition
    Summary and Conclusions

    9:Religion and Public Education: No Establishment of Religion, But Equal Access for Religion
    Separationist Cases (1948- 2000)
    Equal Access Cases (1981- )
    Limits on Equal Access?
    Summary and Conclusions

    10:Government and Religious Education: From Accommodation to Separation to Equality
    Accommodationist Cases (1908- 1977)
    Separationist Cases (1971- 1985)
    Equal Treatment Cases (1983- 2002)
    Statutes, Free Exercise, and Equal Access Rights (2004- )
    Summary and Conclusions

    11:Religion and Public Life
    Sabbath Day Rules 282
    Legislative Chaplains and Prayers
    Religious Symbols
    Patterns and Principles
    Summary and Conclusions

    12:The Freedoms of Religious Organizations
    Religious Polity and Structures
    Religious Structures
    Legal Structures
    Religious Property Disputes
    Standard Legal Principles (1815- 1914)
    Deference (1872- 1976)
    Neutral Principles (1979- )
    Labor and Employment
    Social Services and Taxation
    Social Services
    Taxation
    Summary and Conclusions

    Concluding Reflections
    Signs of Trouble
    Enduring Principles, New Applications

    Appendix 1: Drafts of Federal Religion Clauses (1787- 1789)
    Appendix 2: United States Supreme Court Decisions Relating to Religious Liberty (1815- 2021)
    Index

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