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Religion and the American Constitutional Experiment



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Perseus Books
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This is the 3rd edition with a publication date of 7/27/2010.

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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.

Author Biography

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 Appendicesp. xi
Prefacep. xiii
Introductionp. xix
The American Experiment in Historical Contextp. 1
The First Millenniump. 3
The Papal Revolutionp. 6
The Protestant Reformationp. 9
Religious Establishment versus Religious Freedomp. 12
Colonization and Experimentationp. 14
The Theology and Politics of the Religion Clausesp. 21
Puritan Viewsp. 22
Evangelical Viewsp. 26
Enlightenment Viewsp. 29
Republican Viewsp. 33
Summary and Conclusionsp. 36
The Essential Rights and Liberties of Religionp. 41
Liberty of Consciencep. 41
Free Exercise of Religionp. 45
Religious Pluralismp. 46
Religious Equalityp. 49
Separation of Church and Statep. 51
Disestablishment of Religionp. 57
Interdependence of Principlesp. 63
Forging the First Amendment Religion Clausesp. 71
Religion and the Continental Congressp. 71
The 1787 Constitutional Conventionp. 76
Ratification and Proposed Amendmentsp. 79
Drafting the First Amendment Religion Clausesp. 81
"Original Intent": Interpreting the Final Textp. 89
Summary and Conclusionsp. 103
Religious Liberty in the States Before 1947 and the Creation of a New National Law on Religious Libertyp. 109
Liberty of Conscience and Free Exercisep. 110
Religious Pluralism and Equalityp. 113
Separation of Church and Statep. 114
No Establishment of Religionp. 115
Faith, Freedom, and the Frontierp. 118
Fundamental Religious Liberty and Incorporationp. 122
Summary and Conclusionsp. 127
The Free Exercise of Religionp. 131
Mapping Free Exercise Doctrinep. 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 Statutesp. 160
Summary and Conclusionsp. 162
Modern Establishment Law: Mapping the Doctrinal Terrainp. 169
Bringing an Establishment Clause Casep. 170
Mapping the Establishment Clause Casesp. 173
Summary and Conclusionsp. 186
Religion and Public Education: No Establishment of Religion, but Equal Access for Religionp. 191
Separationist Cases (1948-1987)p. 192
Equal Access Cases (1981-2001)p. 198
Summary and Conclusionsp. 204
Government and Religious Education: Accommodation, Separation, and Equal Treatmentp. 207
Accommodationist Cases (1908-1986)p. 208
Separationist Cases (1971-1985)p. 210
Equal Treatment Cases (1983-2004)p. 214
Summary and Conclusionsp. 220
Religion and Public Lifep. 223
Sabbath Day Rules (1961)p. 224
Legislative Chaplains (1983)p. 226
Religious Symbols (1984-2010)p. 227
Summary and Conclusionsp. 237
Religious Organizations and the Lawp. 241
Religious Polity and Structuresp. 243
Religious Property Disputesp. 244
Employment, Taxation, and Morep. 253
Summary and Conclusionsp. 259
Toward an Integration of Religious Liberty: The American Experiment in International Contextp. 263
International Norms and the Constitutionp. 265
The International Framework of Religious Libertyp. 271
International Norms and American Laws Comparedp. 276
Summary and Conclusionsp. 282
Concluding Reflectionsp. 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 Libertyp. 305
Indexp. 339
Table of Contents provided by Ingram. All Rights Reserved.

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