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Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442250321
Category : Political Science
Languages : en
Pages : 679
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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.
Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442250321
Category : Political Science
Languages : en
Pages : 679
Get Book
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.
Author: Phillip E. Hammond
Publisher: Rowman Altamira
ISBN: 9780759106017
Category : Law
Languages : en
Pages : 204
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Book Description
The free exercise of conscience is under threat in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial. Against Justices Scalia, Thomas, and Chief Justice Rehnquist, the authors argue that what the First Amendment protects is the freedom of individual conviction, not the rights of sectarian majorities to inflict their values on others. Beginning with an analysis of the origins of the Constitution and then following the history of significant church-state issues, Religion on Trial shows that the trajectory of American history has been toward greater freedoms for more Americans: freedom of religion moving gradually toward freedom of conscience regardless of religion. But in the last quarter-century, conservatives have gained political power and they are now attempting to limit the ability of the Court to protect the rights of individual conscience. Writing not just as scholars, but as advocates of church-state separation, Hammond, Machacek, and Mazur make the strong case that every American needs to pay attention to what is happening on the Surpeme Court or risk losing the liberties of conscience and religion that have been gained so far.
Author: J. Waltman
Publisher: Springer
ISBN: 1137300647
Category : Social Science
Languages : en
Pages : 199
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Book Description
In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?
Author: Terry Eastland
Publisher: William B. Eerdmans Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
"Twenty-five" cases, decided bewteen 1940 and 1992, including the upholding of a Minnesota law in the 1983 Mueller v. Allen case, are "introduced, excerpted, and annotated", with editorial comment on "fifteen of the cases ... from such sources as the New York Times, the Washington Post, The Christian Century, and The New Republic", as well as "comment on trends in the Court's religion-clause jurisprudence and their implications for our public life" by three legal scholars. Includes index of cases and judges.
Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 288
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Book Description
It is often assumed that the judiciary—especially the Supreme Court—provides the best protection of our religious freedom. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labor, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that renowned constitutional authority Fisher argues has been poorly understood by most of us. Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been in the forefront of establishing and protecting rights that have been neglected, denied, or unrecognized by the Court-and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights. In this concise and insightful book, Fisher presents a series of important case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing other controversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher convincingly demonstrates that we must understand the political and not just the judicial context for the safeguards that protect religious minorities. As this book shows, the origin and growth of an individual's right to believe or not believe—and the securing of that right—has occurred almost entirely outside the courtroom. Religious Liberty in America persuasively challenges judicial supremacists on church-state issues and provides a highly readable introduction for all students and citizens concerned with their right to believe as they wish.
Author: David Sehat
Publisher: Oxford University Press
ISBN: 9780199793112
Category : Religion
Languages : en
Pages : 368
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Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author: Jay Alan Sekulow
Publisher: Sheed & Ward
ISBN: 146167543X
Category : Political Science
Languages : en
Pages : 376
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Book Description
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
Author: Vincent Phillip Muñoz
Publisher: University of Chicago Press
ISBN: 0226821447
Category : Political Science
Languages : en
Pages : 345
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Book Description
"The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--
Author: Luke Goodrich
Publisher: Multnomah
ISBN: 0525652914
Category : Religion
Languages : en
Pages : 224
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Book Description
A leading religious freedom attorney, the veteran of several Supreme Court battles, helps people of faith understand religious liberty in our rapidly changing culture—why it matters, how it is threatened, and how to respond with confidence and grace. WINNER OF THE CHRISTIAN BOOK AWARD® • THE GOSPEL COALITION'S BEST BOOK OF THE YEAR, PUBLIC THEOLOGY & CURRENT EVENTS • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY WORLD MAGAZINE Many Americans feel like their religious freedom is under attack. They see the culture changing around them, and they fear that their beliefs will soon be punished as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution. In Free to Believe leading religious freedom attorney Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today. With penetrating insights on gay rights, abortion rights, Islam, and the public square, Goodrich argues that threats to religious freedom are real—but they might not be quite what you think. As a lawyer at the Becket Fund for Religious Liberty, Goodrich has won several historic Supreme Court victories for clients such as the Little Sisters of the Poor and Hobby Lobby. Combining frontline experience with faithful attention to Scripture, Goodrich shows why religious freedom matters, how it is threatened, and how to protect it. The result is a groundbreaking book full of clear insight, practical wisdom, and refreshing hope for all people of faith.
Author: Andrew L Seidel
Publisher: Union Square & Co.
ISBN: 1454948574
Category : Religion
Languages : en
Pages : 472
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Book Description
Is a fight against equality and for privilege a fight for religious supremacy? Andrew L. Seidel, a constitutional attorney and author of the critically acclaimed book The Founding Myth: Why Christian Nationalism Is Un-American, dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that “crusade.” Seidel examines some of the key Supreme Court cases of the last thirty years—including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery that refused to make 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), as well as the recent overturning of Roe v. Wade—and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. This is a meticulously researched and deeply insightful account of our political landscape with a foreword provided by noted constitutional scholar Erwin Chemerinsky, author of The Case Against the Supreme Court. The issue of church versus state is more relevant than ever in today’s political climate and with the conservative majority status of the current Supreme Court. This book is a standout on the shelf for fans of Richard Dawkins, Christopher Hitchens, and Sam Harris. Readers looking for critiques of the rise of Christian nationalism, like Jesus and John Wayne, and examinations like How Democracies Die will devour Seidel's analysis. Hardcover with dust jacket; 320 pages; 9 in H by 6 in W.
