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

The Odyssey of the Religion Clauses

Author: James Hitchcock

Publisher: Princeton University Press

ISBN: 9781400826254

Category: Law

Page: 232

View: 9233

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.

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

From "Higher Law" to "Sectarian Scruples"

Author: James Hitchcock

Publisher: Princeton University Press

ISBN: 9781400826261

Category: Law

Page: 272

View: 6054

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 second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

That Eminent Tribunal

Judicial Supremacy and the Constitution

Author: Christopher Wolfe

Publisher: Princeton University Press

ISBN: 9781400826285

Category: Law

Page: 256

View: 5302

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

The Future of Assisted Suicide and Euthanasia

Author: Neil M. Gorsuch

Publisher: Princeton University Press

ISBN: 9780691140971

Category: Law

Page: 311

View: 8999

After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

Democratic Faith

Author: Patrick Deneen

Publisher: Princeton University Press

ISBN: 9781400826896

Category: Political Science

Page: 388

View: 9205

The American political reformer Herbert Croly wrote, "For better or worse, democracy cannot be disentangled from an aspiration toward human perfectibility." Democratic Faith is at once a trenchant analysis and a powerful critique of this underlying assumption that informs democratic theory. Patrick Deneen argues that among democracy's most ardent supporters there is an oft-expressed belief in the need to "transform" human beings in order to reconcile the sometimes disappointing reality of human self-interest with the democratic ideal of selfless commitment. This "transformative impulse" is frequently couched in religious language, such as the need for political "redemption." This is all the more striking given the frequent accompanying condemnation of traditional religious belief that informs the "democratic faith." At the same time, because so often this democratic ideal fails to materialize, democratic faith is often subject to a particularly intense form of disappointment. A mutually reinforcing cycle of faith and disillusionment is frequently exhibited by those who profess a democratic faith--in effect imperiling democratic commitments due to the cynicism of its most fervent erstwhile supporters. Deneen argues that democracy is ill-served by such faith. Instead, he proposes a form of "democratic realism" that recognizes democracy not as a regime with aspirations to perfection, but that justifies democracy as the regime most appropriate for imperfect humans. If democratic faith aspires to transformation, democratic realism insists on the central importance of humility, hope, and charity.

The Culture of Disbelief

How American Law and Politics Trivialize Religious Devotion

Author: Stephen L. Carter

Publisher: Anchor

ISBN: 0385474989

Category: Religion

Page: 328

View: 6590

In an updated version of his successful book, the author of Reflections of an Affirmative Action Baby argues that religion can play a role in the nation's politics, law and culture while maintaining its separation from state. Reprint.

First Things

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Religion and sociology

Page: N.A

View: 3536

American Gospel

God, the Founding Fathers, and the Making of a Nation

Author: Jon Meacham

Publisher: Random House

ISBN: 9781588365774

Category: History

Page: 448

View: 2438

NEW YORK TIMES BESTSELLER • Pulitzer Prize-winning author Jon Meacham reveals how the Founding Fathers viewed faith—and how they ultimately created a nation in which belief in God is a matter of choice. At a time when our country seems divided by extremism, American Gospel draws on the past to offer a new perspective. Meacham re-creates the fascinating history of a nation grappling with religion and politics–from John Winthrop’s “city on a hill” sermon to Thomas Jefferson’s Declaration of Independence; from the Revolution to the Civil War; from a proposed nineteenth-century Christian Amendment to the Constitution to Martin Luther King, Jr.’s call for civil rights; from George Washington to Ronald Reagan. Debates about religion and politics are often more divisive than illuminating. Secularists point to a “wall of separation between church and state,” while many conservatives act as though the Founding Fathers were apostles in knee britches. As Meacham shows in this brisk narrative, neither extreme has it right. At the heart of the American experiment lies the God of what Benjamin Franklin called “public religion,” a God who invests all human beings with inalienable rights while protecting private religion from government interference. It is a great American balancing act, and it has served us well. Meacham has written and spoken extensively about religion and politics, and he brings historical authority and a sense of hope to the issue. American Gospel makes it compellingly clear that the nation’s best chance of summoning what Lincoln called “the better angels of our nature” lies in recovering the spirit and sense of the Founding. In looking back, we may find the light to lead us forward. Praise for American Gospel “In his American Gospel, Jon Meacham provides a refreshingly clear, balanced, and wise historical portrait of religion and American politics at exactly the moment when such fairness and understanding are much needed. Anyone who doubts the relevance of history to our own time has only to read this exceptional book.”—David McCullough, author of 1776 “Jon Meacham has given us an insightful and eloquent account of the spiritual foundation of the early days of the American republic. It is especially instructive reading at a time when the nation is at once engaged in and deeply divided on the question of religion and its place in public life.”—Tom Brokaw, author of The Greatest Generation

Wall of Misconception

Does the Separation of Church and State Mean the Separation of God and Govt

Author: Peter A. Lillback

Publisher: BookBaby

ISBN: 0984765476

Category: Political Science

Page: 223

View: 3677

The “wall of separation between church and state” is a phrase not found anywhere in the Constitution, but activist judges have recklessly used that phrase to stamp out public religious expression. We are restricted from praying in public schools, the Ten Commandments and other religious symbols have been stripped from public buildings, and the term “under God” in the Pledge of Allegiance has been called “unconstitutional”. Dr. Peter Lillback exposes the church/state separation myth that has led to such actions in his groundbreaking book entitled Wall of Misconception. Within its pages, Lillback counters the claims that Christianity must only reside in the walls of the church by pointing to America’s Founding Fathers and historical documents that prove Christianity’s incontrovertible influence on our nation at large.

Areopagitica

Author: John Milton

Publisher: N.A

ISBN: N.A

Category: Freedom of the press

Page: 40

View: 8371

Contested Constitutionalism

Reflections on the Canadian Charter of Rights and Freedoms

Author: James B. Kelly,Christopher P. Manfredi

Publisher: UBC Press

ISBN: 0774858893

Category: Law

Page: 336

View: 6576

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter's appropriateness to its impact � for better or worse � on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

Returning Home from Iraq and Afghanistan

Assessment of Readjustment Needs of Veterans, Service Members, and Their Families

Author: Institute of Medicine,Board on the Health of Select Populations,Committee on the Assessment of Readjustment Needs of Military Personnel, Veterans, and Their Families

Publisher: National Academies Press

ISBN: 0309264278

Category: Medical

Page: 794

View: 6326

As of December 2012, Operation Enduring Freedom (OEF) in Afghanistan and Operation Iraqi Freedom (OIF) in Iraq have resulted in the deployment of about 2.2 million troops; there have been 2,222 US fatalities in OEF and Operation New Dawn (OND)1 and 4,422 in OIF. The numbers of wounded US troops exceed 16,000 in Afghanistan and 32,000 in Iraq. In addition to deaths and morbidity, the operations have unforeseen consequences that are yet to be fully understood. In contrast with previous conflicts, the all-volunteer military has experienced numerous deployments of individual service members; has seen increased deployments of women, parents of young children, and reserve and National Guard troops; and in some cases has been subject to longer deployments and shorter times at home between deployments. Numerous reports in the popular press have made the public aware of issues that have pointed to the difficulty of military personnel in readjusting after returning from Iraq and Afghanistan. Many of those who have served in OEF and OIF readjust with few difficulties, but others have problems in readjusting to home, reconnecting with family members, finding employment, and returning to school. In response to the return of large numbers of veterans from Iraq and Afghanistan with physical-health and mental-health problems and to the growing readjustment needs of active duty service members, veterans, and their family members, Congress included Section 1661 of the National Defense Authorization Act for fiscal year 2008. That section required the secretary of defense, in consultation with the secretary of veterans affairs, to enter into an agreement with the National Academies for a study of the physical-health, mental-health, and other readjustment needs of members and former members of the armed forces who were deployed in OIF or OEF, their families, and their communities as a result of such deployment. The study consisted of two phases. The Phase 1 task was to conduct a preliminary assessment. The Phase 2 task was to provide a comprehensive assessment of the physical, psychologic, social, and economic effects of deployment on and identification of gaps in care for members and former members, their families, and their communities. The Phase 1 report was completed in March 2010 and delivered to the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the relevant committees of the House of Representatives and the Senate. The secretaries of DOD and VA responded to the Phase 1 report in September 2010. Returning Home from Iraq and Afghanistan: Assessment of Readjustment Needs of Veterans, Service Members, and Their Families fulfills the requirement for Phase 2.

Sites of Memory, Sites of Mourning

The Great War in European Cultural History

Author: Jay Winter

Publisher: Cambridge University Press

ISBN: 113995296X

Category: History

Page: N.A

View: 1754

Jay Winter's powerful study of the 'collective remembrance' of the Great War offers a major reassessment of one of the critical episodes in the cultural history of the twentieth century. Dr Winter looks anew at the culture of commemoration and the ways in which communities endeavoured to find collective solace after 1918. Taking issue with the prevailing 'modernist' interpretation of the European reaction to the appalling events of 1914–18, Dr Winter instead argues that what characterised that reaction was, rather, the attempt to interpret the Great War within traditional frames of reference. Tensions arose inevitably. Sites of Memory, Sites of Mourning is a profound and moving book of seminal importance for the attempt to understand the course of European history during the first half of the twentieth century.

Words on Cassette

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Audiocassettes

Page: N.A

View: 4478

The Negro and the First Amendment

Author: Harry Kalven

Publisher: Columbus : Ohio State U. P

ISBN: N.A

Category: African Americans

Page: 190

View: 8299

Based on lectures at the Ohio State Law Forum in April, 1964, showing the impact of the Negro Civil Rights Movement on the U.S. Constitution First Amendment.

My Own Words

Author: Ruth Bader Ginsburg,Wendy W. Williams

Publisher: Simon and Schuster

ISBN: 150114524X

Category: Biography & Autobiography

Page: 400

View: 1293

"The first book from Ruth Bader Ginsburg since becoming a Supreme Court Justice in 1993--a ... collection of writings and speeches from the woman who has had [an] ... influence on law, women's rights, and popular culture"--

Freedom of Religion Under Bills of Rights

Author: Paul Babie,Neville Rochow

Publisher: University of Adelaide Press

ISBN: 098717181X

Category: Law

Page: 440

View: 6719

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Subject Guide to Books in Print

An Index to the Publishers' Trade List Annual

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 8526

Legal Canons

Author: Jack Balkin,Sanford Levinson

Publisher: NYU Press

ISBN: 0814798578

Category: Law

Page: 443

View: 4407

Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies. Table of Contents