First Among Equals
First Among Equals

Author: Kenneth W. Starr

Publisher: Grand Central Publishing

Published: 2008-12-14

Total Pages: 227

ISBN-13: 0446554162

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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.

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.

Separating Church and State
Separating Church and State

Author: Steven K. Green

Publisher: Cornell University Press

Published: 2022-03-15

Total Pages: 330

ISBN-13: 1501762087

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Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.

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

Author: James Hitchcock

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 233

ISBN-13: 140082625X

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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.

Sincerely Held
Sincerely Held

Author: Charles McCrary

Publisher: University of Chicago Press

Published: 2022-04-08

Total Pages: 309

ISBN-13: 0226817954

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"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--

Religion in American Public Life
Religion in American Public Life

Author: James A. Reichley

Publisher: Brookings Institution Press

Published: 2010-12-01

Total Pages: 424

ISBN-13: 9780815720553

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"We are," said Supreme Court Justice William O. Douglas, "a religious people," and his observation is continually borne out in every aspect of American public life. Religious ideals underlay the founding of the colonies and the firming of the new nation; the activities of churches have been closely interwined with politics in the abolition of slavery, the drive for women's suffrage, the prohibition of liquor,and the civil rights movement of the 1960s. The recent revival of arguments over the participation of relgious groups in politics points up the continuing controversey about the separation of church and state. In this study, A. James Reichley places religion and politics within a conceptual framework that considers the values in which both are rooted and examines, in light of that framework, the actual impact of religion and religious groups on American public life. He analyzes the underlying causes and issues involved, their contemporary impact, and their continuing evolution. Finally he discusses how the involvement of religious groups in politics can be carried on within the context of the separation of church and state without threat to civil liberties or seculat politicalization of religion.

The Godless Constitution
The Godless Constitution

Author: Isaac Kramnick

Publisher: W. W. Norton & Company

Published: 1997

Total Pages: 196

ISBN-13: 9780393315240

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The Godless Constitution is a ringing rebuke to the religious right's attempts, fueled by misguided and inaccurate interpretations of American history, to dismantle the wall between church and state erected by the country's founders. The authors, both distinguished scholars, revisit the historical roots of American religious freedom, paying particular attention to such figures as John Locke, Roger Williams, and especially Thomas Jefferson, and examine the controversies, up to the present day, over the proper place of religion in our political life. With a new chapter that explores the role of religion in the public life of George W. Bush's America, The Godless Constitution offers a bracing return to the first principles of American governance.

Religious Freedom
Religious Freedom

Author: Tisa Wenger

Publisher: UNC Press Books

Published: 2017-08-31

Total Pages: 313

ISBN-13: 1469634635

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Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.

Religion in America Since 1945
Religion in America Since 1945

Author: Patrick Allitt

Publisher: Columbia University Press

Published: 2003

Total Pages: 353

ISBN-13: 0231121555

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Discusses the Cold War, communism, Eisenhower, the civil rights movement, African-Americans and religion, Mormons, Vietnam, Catholics, feminism, cults, creationism and evolution, American Islam, home schooling, abortion, homosexuality and religion, and the Christian Right.

Religion in American Life
Religion in American Life

Author: Jon Butler

Publisher: Oxford University Press

Published: 2011-10-06

Total Pages: 573

ISBN-13: 0199913293

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"Quite ambitious, tracing religion in the United States from European colonization up to the 21st century.... The writing is strong throughout."--Publishers Weekly (starred review) "One can hardly do better than Religion in American Life.... A good read, especially for the uninitiated. The initiated might also read it for its felicity of narrative and the moments of illumination that fine scholars can inject even into stories we have all heard before. Read it."--Church History This new edition of Religion in American Life, written by three of the country's most eminent historians of religion, offers a superb overview that spans four centuries, illuminating the rich spiritual heritage central to nearly every event in our nation's history. Beginning with the state of religious affairs in both the Old and New Worlds on the eve of colonization and continuing through to the present, the book covers all the major American religious groups, from Protestants, Jews, and Catholics to Muslims, Hindus, Mormons, Buddhists, and New Age believers. Revised and updated, the book includes expanded treatment of religion during the Great Depression, of the religious influences on the civil rights movement, and of utopian groups in the 19th century, and it now covers the role of religion during the 2008 presidential election, observing how completely religion has entered American politics.