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This updated edition ofReligion and the American Constitutional Experimentprovides a comprehensive, multidisciplinary overview of the history, theory, law, and comparative analysis of American religious liberty from the earliest colonial period through the most recent Supreme Court cases. In accessible, jargon-free language, the authors present balanced discussions of controversial issues, including the funding of religious schools and charities and displaying religious symbols on government property. Three chapters new to this edition cover the free exercise of religion, religion and public life, and religious organizations and the law. In addition, the authors address seven new cases, and an expanded concluding chapter places the American experience in a global context by comparing contemporary American religious liberty law with international human rights standards.
John Witte, Jr., is the Jonas Robitscher Professor of Law and Ethics, Alonzo L. McDonald Distinguished Professor, and Director of the Center for the Study of Law and Religion at Emory University in Atlanta. A specialist in legal history and religious liberty, he has published twenty-three books, ten journal symposia, and 150 professional articles, and has lectured throughout North America, Europe, Israel, Japan, and South Africa.
Joel A. Nichols is Associate Professor of Law at the University of St. Thomas in Minneapolis. He holds degrees in both theology and law, and he has authored a dozen articles and book chapters addressing the intersection of theology and religion with constitutional law, human rights, and family law.
Table of Contents
|Tables, Figures, and Appendices||p. xi|
|The American Experiment in Historical Context||p. 1|
|The First Millennium||p. 3|
|The Papal Revolution||p. 6|
|The Protestant Reformation||p. 9|
|Religious Establishment versus Religious Freedom||p. 12|
|Colonization and Experimentation||p. 14|
|The Theology and Politics of the Religion Clauses||p. 21|
|Puritan Views||p. 22|
|Evangelical Views||p. 26|
|Enlightenment Views||p. 29|
|Republican Views||p. 33|
|Summary and Conclusions||p. 36|
|The Essential Rights and Liberties of Religion||p. 41|
|Liberty of Conscience||p. 41|
|Free Exercise of Religion||p. 45|
|Religious Pluralism||p. 46|
|Religious Equality||p. 49|
|Separation of Church and State||p. 51|
|Disestablishment of Religion||p. 57|
|Interdependence of Principles||p. 63|
|Forging the First Amendment Religion Clauses||p. 71|
|Religion and the Continental Congress||p. 71|
|The 1787 Constitutional Convention||p. 76|
|Ratification and Proposed Amendments||p. 79|
|Drafting the First Amendment Religion Clauses||p. 81|
|"Original Intent": Interpreting the Final Text||p. 89|
|Summary and Conclusions||p. 103|
|Religious Liberty in the States Before 1947 and the Creation of a New National Law on Religious Liberty||p. 109|
|Liberty of Conscience and Free Exercise||p. 110|
|Religious Pluralism and Equality||p. 113|
|Separation of Church and State||p. 114|
|No Establishment of Religion||p. 115|
|Faith, Freedom, and the Frontier||p. 118|
|Fundamental Religious Liberty and Incorporation||p. 122|
|Summary and Conclusions||p. 127|
|The Free Exercise of Religion||p. 131|
|Mapping Free Exercise Doctrine||p. 132|
|Free Exercise and Polygamy (1879-1890)||p. 140|
|Free Exercise and Conscientious Objection (1918-1971)||p. 143|
|Freedom and Equality of Religious Expression (1940-2002)||p. 145|
|Liberty of Conscience and Free Exercise Exemptions (1943-1989)||p. 150|
|Neutralizing the Free Exercise Clause (1982-1993)||p. 155|
|Free Exercise in the Age of Statutes||p. 160|
|Summary and Conclusions||p. 162|
|Modern Establishment Law: Mapping the Doctrinal Terrain||p. 169|
|Bringing an Establishment Clause Case||p. 170|
|Mapping the Establishment Clause Cases||p. 173|
|Summary and Conclusions||p. 186|
|Religion and Public Education: No Establishment of Religion, but Equal Access for Religion||p. 191|
|Separationist Cases (1948-1987)||p. 192|
|Equal Access Cases (1981-2001)||p. 198|
|Summary and Conclusions||p. 204|
|Government and Religious Education: Accommodation, Separation, and Equal Treatment||p. 207|
|Accommodationist Cases (1908-1986)||p. 208|
|Separationist Cases (1971-1985)||p. 210|
|Equal Treatment Cases (1983-2004)||p. 214|
|Summary and Conclusions||p. 220|
|Religion and Public Life||p. 223|
|Sabbath Day Rules (1961)||p. 224|
|Legislative Chaplains (1983)||p. 226|
|Religious Symbols (1984-2010)||p. 227|
|Summary and Conclusions||p. 237|
|Religious Organizations and the Law||p. 241|
|Religious Polity and Structures||p. 243|
|Religious Property Disputes||p. 244|
|Employment, Taxation, and More||p. 253|
|Summary and Conclusions||p. 259|
|Toward an Integration of Religious Liberty: The American Experiment in International Context||p. 263|
|International Norms and the Constitution||p. 265|
|The International Framework of Religious Liberty||p. 271|
|International Norms and American Laws Compared||p. 276|
|Summary and Conclusions||p. 282|
|Concluding Reflections||p. 287|
|Drafts of Federal Religion Clauses (1787-1789)||p. 295|
|State Constitutional Provisions on Religion (as of 1947)||p. 299|
|United States Supreme Court Decisions Relating to Religious Liberty||p. 305|
|Table of Contents provided by Ingram. All Rights Reserved.|