Author: James Hitchcock Publisher: ISBN: Category : Law Languages : en Pages : 280
Book Description
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. 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.
Author: James Hitchcock Publisher: Princeton University Press ISBN: 140082625X Category : Law Languages : en Pages : 232
Book Description
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.
Author: James Hitchcock Publisher: Princeton University Press ISBN: 1400826268 Category : Law Languages : en Pages : 273
Book Description
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 second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.
Author: Paul Harvey Publisher: Columbia University Press ISBN: 0231140207 Category : Religion Languages : en Pages : 482
Book Description
The first guide to American religious history from colonial times to the present, this anthology features twenty-two leading scholars speaking on major themes and topics in the development of the diverse religious traditions of the United States. These include the growth and spread of evangelical culture, the mutual influence of religion and politics, the rise of fundamentalism, the role of gender and popular culture, and the problems and possibilities of pluralism. Geared toward general readers, students, researchers, and scholars, The Columbia Guide to Religion in American History provides concise yet broad surveys of specific fields, with an extensive glossary and bibliographies listing relevant books, films, articles, music, and media resources for navigating different streams of religious thought and culture. The collection opens with a thematic exploration of American religious history and culture and follows with twenty topical chapters, each of which illuminates the dominant questions and lines of inquiry that have determined scholarship within that chapter's chosen theme. Contributors also outline areas in need of further, more sophisticated study and identify critical resources for additional research. The glossary, "American Religious History, A-Z," lists crucial people, movements, groups, concepts, and historical events, enhanced by extensive statistical data.
Author: Owen Anderson Publisher: Cambridge University Press ISBN: 1316404641 Category : Law Languages : en Pages :
Book Description
'Self-evident truths' was a profound concept used by the drafters of the American Declaration of Independence to insist on their rights and freedom from oppressive government. How did this Enlightenment notion of self-evident human rights come to be used in this historic document and what is its true meaning? In The Declaration of Independence and God, Owen Anderson traces the concept of a self-evident creator through America's legal history. Starting from the Declaration of Independence, Anderson considers both challenges to belief in God from thinkers like Thomas Paine and American Darwinists, as well as modifications to the concept of God by theologians like Charles Finney and Paul Tillich. Combining history, philosophy and law in a unique focus, this book opens exciting new avenues for the study of America's legal history.
Author: Mark A. Noll Publisher: Oxford University Press, USA ISBN: 0195317157 Category : History Languages : en Pages : 521
Book Description
These essays examine how religious beliefs and practices have shaped political thought and behaviour (and vice versa), and how in certain periods religious and political thought has coincided or moved in opposition, and how minority perspectives have challenged majority views.
Author: Vincent Phillip Munoz Publisher: Rowman & Littlefield ISBN: 1442250321 Category : Political Science Languages : en Pages : 679
Book Description
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.
Author: James Hitchcock
Author: James Hitchcock
Author: James Hitchcock
Author: 
Author: Kermit L. Hall
Author: Paul Harvey
Author: Owen Anderson
Author: Mark A. Noll
Author: Vincent Phillip Munoz
Author: John E. Semonche