Foreordained Failure

Foreordained Failure

Author: Steven Douglas Smith

Publisher: Oxford University Press, USA

Published: 1999

Total Pages: 190

ISBN-13: 0195132483

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Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.


The Religion Clauses of the First Amendment

The Religion Clauses of the First Amendment

Author: Ellis M. West

Publisher: Lexington Books

Published: 2012-07-10

Total Pages: 218

ISBN-13: 0739146793

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The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights


The Blessings of Liberty

The Blessings of Liberty

Author: John Witte, Jr.

Publisher: Cambridge University Press

Published: 2021-11-04

Total Pages: 333

ISBN-13: 1108429203

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A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.


The Agnostic Age

The Agnostic Age

Author: Paul Horwitz

Publisher: Oxford University Press

Published: 2011-02-02

Total Pages: 352

ISBN-13: 0199876304

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The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence. He asserts that the answer to this dilemma is to take "the agnostic turn": to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.


Masters of Illusion

Masters of Illusion

Author: Frank S. Ravitch

Publisher: NYU Press

Published: 2007-04-01

Total Pages: 446

ISBN-13: 0814769179

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Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.


Worlds Colliding

Worlds Colliding

Author: Rex J. Ahdar

Publisher: Routledge

Published: 2017-07-12

Total Pages: 447

ISBN-13: 1351751468

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This title was first published in 2001. Worlds Colliding argues that the prevailing worldview held by those in positions of power in Western government sets the bounds for religious tolerance. It explores the degree to which a modern liberal state will allow a counter-cultural community the freedom to live according to its concept of the good life.


Over the Wall

Over the Wall

Author: Frank Guliuzza

Publisher: SUNY Press

Published: 2000-01-27

Total Pages: 230

ISBN-13: 9780791444504

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Discusses the relationship between the secularization of American society and Supreme Court decisions regarding the separation of church and state and offers a judicial alternative.


Strange Allies

Strange Allies

Author: Andrew Webster

Publisher: Routledge

Published: 2019-07-02

Total Pages: 420

ISBN-13: 1351596020

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Strange Allies examines three intersecting themes of fundamental importance to the international history of the period between the two world wars. First, and most broadly, it is a study of the international history of the pivotal ‘hinge years’, running from the onset of the Depression in late 1929 to the Nazi capture of power in Germany in early 1933. The second theme is the strategic relationship between Britain and France, the critical dynamic in the management of global and European international relations during this time of great fluidity and uncertainty. The most contentious and intractable issue that divided the two countries was the pursuit of international disarmament, which forms the third theme of the book. Strange Allies is based upon extensive research in British and French archives, as well as in the archives of the League of Nations in Geneva. The book’s focus on 1929–31 in particular makes a major contribution to the international history of the interwar period by re-examining the security and strategic policies of the second Labour government in Britain and of foreign minister Aristide Briand in the post-Locarno years in France. For 1931–33, the book looks at the impact of the great financial and economic crisis of 1931 on security and disarmament planning in Britain and France. It then considers the impact of the Anglo-French relationship on the instability of Europe and on the failure of the World Disarmament Conference. This book is the first detailed study of the Anglo-French relationship during a critical period which saw a reshaping of the boundaries of global security. Although the Anglo-French alliance is rightly seen to be pivotal to both the initial phase of implementing the Versailles settlement of 1919 and the efforts to contain Hitler and protect Europe after 1936, Strange Allies demonstrates the degree to which these states’ conflicting views of security were central to international relations in the years leading up to Hitler’s accession to power.


The Disenchantment of Secular Discourse

The Disenchantment of Secular Discourse

Author: Steven D. Smith

Publisher: Harvard University Press

Published: 2010-06

Total Pages: 308

ISBN-13: 9780674050877

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"This book presses us to look harder at closely held beliefs and to question deeply rooted premises and commitments with which we are perhaps too comfortable."---Richard W Garnett Noire Dame Law School --