The Establishment Clause

by Levy, Leonard W.

• ISBN13: 9780807844663
• ISBN10: 0807844667
• Edition: 2nd
• Format: Paperback
• Copyright: 1994-12-01
• Publisher: Univ of North Carolina Pr

Summary

Pulitzer Prize-winner Levy examines the circumstances that led to the writing of the establishment clause of the First Amendement--"Congress shall make no law respecting an establishment of religion"--and 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 "non-preferentialists", who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church.

Table of Contents

Amendment I	p. ix
Preface	p. xiii
Colonial Establishments of Religion	p. 1
State Establishments of Religion: New England	p. 27
State Establishments of Religion: the South	p. 52
The Constitution and Religion	p. 79
Framing the Establishment Clause	p. 94
James Madison versus the Nonpreferentialists	p. 112
The Supreme Court and the Clause: Judicial Tests and Aids to parochial Schools	p. 146
The Supreme Court and the Clause: public Schools and public Creches	p. 180
Incorporation and the Wall	p. 224
Epilogue	p. 251
Appendix	p. 257
Selected Bibliography	p. 261
Index	p. 265
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