Home >
Law >
Religion and the American Constitutional Experiment 5th Edition

Religion and the American Constitutional Experiment 5th Edition

Author: John Witte Jr.; Joel A. Nichols; Richard W. Garnett
Publisher: Oxford University Press
ISBN: 9780197587621

Previous Edition ISBN: 9780190459420
Published In: August 2022
Format: Paperback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 435.37

HKD 422.31 Save HKD 13.06 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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

Browse Books

Religion and the American Constitutional Experiment 5th Edition

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

Religion and the American Constitutional Experiment 5th Edition

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title