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


Freedom of Assembly and Petition

Freedom of Assembly and Petition

Author: Robert Winters

Publisher: Greenhaven Publishing LLC

Published: 2006-09-29

Total Pages: 137

ISBN-13: 0737752653

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Editor Robert Winters covers the historical development of the right of assembly and petition, how the Supreme Court defines the rights of assembly and association, and the role of assembly and petition in social movements.


The Establishment Clause

The Establishment Clause

Author: Leonard W. Levy

Publisher: UNC Press Books

Published: 2017-03-01

Total Pages: 222

ISBN-13: 146962043X

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Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.


The Religion Clauses

The Religion Clauses

Author: Howard Gillman

Publisher:

Published: 2020

Total Pages: 241

ISBN-13: 0190699736

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In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.


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 Constitution in Congress

The Constitution in Congress

Author: David P. Currie

Publisher: University of Chicago Press

Published: 1997-05-15

Total Pages: 356

ISBN-13: 9780226131146

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Thus the First Congress left us a rich legacy of arguments over the meaning of a variety of constitutional provisions, and the quality of those arguments was impressively high.


No Laws Establishing Or Prohibiting Religion

No Laws Establishing Or Prohibiting Religion

Author: Charles Underwood

Publisher: Charles Underwood

Published: 2018-06-08

Total Pages: 100

ISBN-13: 1732169918

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The First Amendment Religion Clause: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This book takes an in-depth look at the religion clause portion of the First Amendment using historical documents and letters. In chapter one examples are given of the historical reasons for why the Framers of the First Amendment (the Founding Fathers) thought it was necessary to list religion as part of the Bill of Rights in the manner that they did. In chapter two documentation is presented showing how they applied it during their times of service in government. The application of the 14th Amendment is examined along with whether or not it should be applied to the 1st Amendment based on the history of both. In chapter three a complete analysis is made of Thomas Jefferson’s “wall of separation” letter, and in chapter four an in-depth investigation is taken into Jefferson’s Virginian Act for Establishing Religious Freedom, James Madison’s Memorial and Remonstrance Against Religious Assessments, and Madison’s Detached Memoranda essay on religion and government interaction. These documents, along with others examined in this book, display the Founding Fathers’ views as to why there is a religious clause, and what its proper application should be between church (that is, religion) and state. This book also contains present day solutions for how the government could act legally and constitutionally regarding religion (and related religious books) and toward those who claim religious reasons as their motivation to physically harm others. History reveals the continued purpose and need for the Religion Clause in the Bill of Rights.


Thomas Jefferson and the Wall of Separation Between Church and State

Thomas Jefferson and the Wall of Separation Between Church and State

Author: Daniel Dreisbach

Publisher: NYU Press

Published: 2003-10

Total Pages: 295

ISBN-13: 0814719368

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No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's "wall of separation between church and state," and few metaphors have provoked more passionate debate.