Religion and the Law

of Church and State and the Supreme Court

Elizabeth Eddy (Autor)

Buch | Softcover

128 Seiten

2009
AldineTransaction (Verlag)
978-0-202-36304-2 (ISBN)

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There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. The first clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The justices of the Supreme Court have not been wanting for advice from self-appointed guardians. The difficulty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.Religion and the Law examines the actions and words of the Supreme Court in applying constitutional language to the controversies that have come before it. Lest such an effort be reduced to recitation, these cases are measured against a "neutral principle" that will give the most appropriate scope to the religion clauses in such a manner as to provide guidance for legislatures and courts. This neutral principle has been framed in reliance on the Aristotelian axiom that "it is the mark of an educated man to seek precision in each class of things just so far as the nature of the subject admits."One of the fundamental difficulties with the contemporary discussion of the "hot button" issue has been the failure to distinguish two separable problems: the constitutional issue--in the narrow sense of the meaning to be given to the language of the First Amendment by the Supreme Court--and the broader question of the ideal relationship that should exist between church and state. This is a classic study by one of the great theorists of American constitutional law.

Philip B. Kurland was William R. Kenan, Jr. Distinguished Service Professor Emeritus at the University of Chicago. He had been a consultant for various government agencies and committees, including the Conference of Chief Justices, the Department of Justice, and U.S. Senate Subcommittee on Separation of Powers. Some of his works include: Watergate and the Constitution, Cablespeech, and Politics, the Constitution and the Warren Court.

One: A Doctrine in Search of Authority; Introduction; 1: A Doctrine in Search of Authority; Two: Authorities in Search of a Doctrine; 2: The Early Mormon Cases; 3: The Apocrypha; 4: The Problem of Standing to Sue; 5: “Patriotism is not Enough”—Or Is It?; 6: The Right to Proselyte; 7: The Trial of “Saint Germain”; 8: The School Bus Case: The Precedent of Byron’s Julia; 9: Released Time: The Precedent of Julia Again; 10: Of Czar and Commissar; 11: Never on Sunday; 12: The Notary’s Oath; Three: Conclusion; Conclusion

Erscheint lt. Verlag	15.2.2009
Verlagsort	Somerset
Sprache	englisch
Maße	152 x 229 mm
Gewicht	226 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Öffentliches Recht
ISBN-10	0-202-36304-X / 020236304X
ISBN-13	978-0-202-36304-2 / 9780202363042
Zustand	Neuware