Religious Liberty and the American Supreme Court
Religious Liberty and the American Supreme Court

Author: Vincent Phillip Munoz

Publisher: Rowman & Littlefield

Published: 2015-03-27

Total Pages: 679

ISBN-13: 1442250321

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Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

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 Schoolhouse Gate
The Schoolhouse Gate

Author: Justin Driver

Publisher: Vintage

Published: 2019-08-06

Total Pages: 578

ISBN-13: 0525566961

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A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Overturning Brown
Overturning Brown

Author: Steve Suitts

Publisher:

Published: 2020

Total Pages: 136

ISBN-13: 9781588384201

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School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court's Brown v. Board of Education decision. In Overturning Brown, Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and poverty today. Suitts deftly reveals the risk that America and its underprivileged youth face as school voucher programs funnel public funds into predominantly white and often wealthy private schools and charter schools.

American Crusade
American Crusade

Author: Andrew L Seidel

Publisher: Union Square & Co.

Published: 2022-09-27

Total Pages: 472

ISBN-13: 1454948574

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Is a fight against equality and for privilege a fight for religious supremacy? Andrew L. Seidel, a constitutional attorney and author of the critically acclaimed book The Founding Myth: Why Christian Nationalism Is Un-American, dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that “crusade.” Seidel examines some of the key Supreme Court cases of the last thirty years—including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery that refused to make a wedding cake for a gay couple), Trump v. Hawaii (the anti-Muslim travel ban case), American Legion v. American Humanist Association (related to a group maintaining a 40-foot Christian cross on government-owned land), and Tandon v. Newsom (a Santa Clara Bible group exempted from Covid health restrictions), as well as the recent overturning of Roe v. Wade—and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. This is a meticulously researched and deeply insightful account of our political landscape with a foreword provided by noted constitutional scholar Erwin Chemerinsky, author of The Case Against the Supreme Court. The issue of church versus state is more relevant than ever in today’s political climate and with the conservative majority status of the current Supreme Court. This book is a standout on the shelf for fans of Richard Dawkins, Christopher Hitchens, and Sam Harris. Readers looking for critiques of the rise of Christian nationalism, like Jesus and John Wayne, and examinations like How Democracies Die will devour Seidel's analysis. Hardcover with dust jacket; 320 pages; 9 in H by 6 in W.

Religious Freedom
Religious Freedom

Author: John A. Ragosta

Publisher: University of Virginia Press

Published: 2013-04-22

Total Pages: 394

ISBN-13: 0813933714

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For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.