The Myth of American Religious Freedom

The Myth of American Religious Freedom

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 0199793115

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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.


The Mormon Question

The Mormon Question

Author: Sarah Barringer Gordon

Publisher: Univ of North Carolina Press

Published: 2002

Total Pages: 360

ISBN-13: 9780807849873

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From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of re


Keeping Faith with the Constitution

Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.


Reconstruction and Mormon America

Reconstruction and Mormon America

Author: Clyde A. Milner

Publisher: University of Oklahoma Press

Published: 2019-10-03

Total Pages: 267

ISBN-13: 0806165863

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The South has been the standard focus of Reconstruction, but reconstruction following the Civil War was not a distinctly Southern experience. In the post–Civil War West, American Indians also experienced reconstruction through removal to reservations and assimilation to Christianity, and Latter-day Saints—Mormons—saw government actions to force the end of polygamy under threat of disestablishing the church. These efforts to bring nonconformist Mormons into the American mainstream figure in the more familiar scheme of the federal government’s reconstruction—aimed at rebellious white Southerners and uncontrolled American Indians. In this volume, more than a dozen contributors look anew at the scope of the reconstruction narrative and offer a unique perspective on the history of the Latter-day Saints. Marshaled by editors Clyde A. Milner II and Brian Q. Cannon, these writers explore why the federal government wanted to reconstruct Latter-day Saints, when such efforts began, and how the initiatives compare with what happened with white Southerners and American Indians. Other contributions examine the effect of the government’s policies on Mormon identity and sense of history. Why, for example, do Latter-day Saints not have a Lost Cause? Do they share a resentment with American Indians over the loss of sovereignty? And were nineteenth-century Mormons considered to be on the “wrong” side of a religious line, but not a “race line”? The authors consider these and other vital questions and topics here. Together, and in dialogue with one another, their work suggests a new way of understanding the regional, racial, and religious dynamics of reconstruction—and, within this framework, a new way of thinking about the creation of a Mormon historical identity.


James Madison on Religious Liberty

James Madison on Religious Liberty

Author: Robert S. Alley

Publisher: Prometheus Books

Published: 1985-07

Total Pages: 338

ISBN-13: 1615926933

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This long-overdue volume is the only one of its kind containing all of Madison's religious writings, as well as new contributions by leading scholars. Madison's writings assume even more importance to thoughtful Americans as the Supreme Court continues to decide issues of school prayer, and as the Moral Majority tries to desecularize American public and private life. Imagine an America without the Bill of Rights, without the Constitution. This image of our nation, existing without these two foundations of freedom, justice, and inquiry, assaults the imagination, for these two documents are the fuel that runs the republic. What is even more remarkable is that their primary author was one man - James Madison. James Madison On Religious Liberty is the definitive work of scholarship in its field, and will lay to rest any questioning of Madison's enormous historical stature. The essays are exhaustive in scope - many appear here for the first time in published form - and they include all of the available scholarship on Madison's religious writings. Alley provides more than 65 pages of source material, including "Memorial and Remonstrance," probably the single most important statement of religious liberty ever written; the Virginia Declaration of Rights; selections from his correspondence with Thomas Jefferson and William Bradford; and other writings. Among the distinguished contributors are Daniel J. Boorstein, the late Sam Ervin, Jr., Robert A. Rutland, A.E. Dick Howard, Henry Steele Commager, Lowell P. Weicker, Jr., and Dumas Malone. This volume makes clear the wisdom and courage Madison invested in his writings. He was fully aware that all our freedoms flow from religious liberty, as religious liberty is really the freedom of inquiry.


The Age of Deference

The Age of Deference

Author: David Rudenstine

Publisher: Oxford University Press

Published: 2016

Total Pages: 345

ISBN-13: 0199381488

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The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.


Reynolds Pamphlet

Reynolds Pamphlet

Author: Alexander Hamilton

Publisher: Graphic Arts Books

Published: 2021-05-11

Total Pages: 29

ISBN-13: 1513297112

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The Reynolds Pamphlet (1797) is an essay by Alexander Hamilton. Written while Hamilton was serving as Secretary of the Treasury, the Pamphlet was intended as a defense against accusations that Hamilton had conspired with James Reynolds to misuse funds meant to cover unpaid wages to Revolutionary War veterans. Admitting to an affair with Maria, Reynolds’ wife, Hamilton claims that the accusation is nothing more than an attempt at blackmail. This revelation not only endangered Hamilton’s career as a public figure, but constituted perhaps the earliest sex scandal in American history. “The bare perusal of the letters from Reynolds and his wife is sufficient to convince my greatest enemy that there is nothing worse in the affair than an irregular and indelicate amour. For this, I bow to the just censure which it merits. I have paid pretty severely for the folly and can never recollect it without disgust and self condemnation. It might seem affectation to say more.” Accused of corruption in his role as Secretary of the Treasury, Alexander Hamilton was forced to confess his adultery, bringing shame to himself as a married man and supposedly honorable public figure, yet saving his political career in the process. Looking back on his affair with Maria Reynolds from a distance of five years, Hamilton expresses regret for his foolishness, yet wholeheartedly denies her husband’s accusation that he had been involved in his scheme to misuse government funds. Perhaps the first sex scandal in American history, the Reynolds affair sent shockwaves throughout the burgeoning republic, leaving many to question the motives and character of their leaders for the first time, though certainly not the last. With a beautifully designed cover and professionally typeset manuscript, this edition of Alexander Hamilton’s Reynolds Pamphlet is a classic of American literature reimagined for modern readers.


Protecting Our Nation's Children from Sexual Predators and Violent Criminals

Protecting Our Nation's Children from Sexual Predators and Violent Criminals

Author: United States. Congress

Publisher: Createspace Independent Publishing Platform

Published: 2018-02-09

Total Pages: 48

ISBN-13: 9781985212565

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Protecting our nation's children from sexual predators and violent criminals : what needs to be done? : hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, June 9, 2005.


Rehabilitating Lochner

Rehabilitating Lochner

Author: David E. Bernstein

Publisher: University of Chicago Press

Published: 2011-05-15

Total Pages: 204

ISBN-13: 0226043533

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In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.