The Establishment of Religion Clause

by Brownstein, Alan

• ISBN13: 9781591025177
• ISBN10: 1591025176
• Format: Trade Paper
• Copyright: 2007-07-17
• Publisher: Prometheus Books

Summary

With a focus on broad themes and core ideas, this excellent collection of articles will be of great use to those interested in the history of the Constitution, Establishment Clause, and current debates surrounding its interpretation.

Table of Contents

Series Preface	p. 11
Editor's Introduction	p. 15
The History of the Establishment Clause
Supreme Court Justices on the History of the Establishment Clause	p. 31
Everson v. Board of Education of the Township of Ewing, et al	p. 31
Wallace, Governor of Alabama, et al. v. Jaffree, et al	p. 43
Elk Grove Unified School District v. Newdow	p. 53
The Nonpreferentialism Debate	p. 56
Church-State Separation: Restoring the "No Preference" Doctrine of the First Amendment	p. 56
"Nonpreferential" Aid to Religion: A False Claim about Original Intent	p. 65
The Establishment Clause as a Federalism Mandate	p. 76
Toward a General Theory of the Establishment Clause	p. 76
The Intellectual Origins of the Establishment Clause	p. 83
The Bill of Rights: Creation and Reconstruction	p. 90
The Second Adoption of the Establishment Clause: The Rise of the Nonestablishment Principle	p. 97
The Complex Background of the Establishment Clause	p. 104
The Essential Rights and Liberties of Religion in the American Constitutional Experiment	p. 104
The Separation of the Religious and the Secular: A Foundational Challenge to First Amendment Theory	p. 118
Government Funding of Religious Institutions and Religious Activities
Editor's Introduction: Supreme Court Cases Adjudicating Government Funding of Religious Institutions and Activities	p. 131
Direct Aid	p. 136
Religious Freedom at a Crossroads	p. 136
Federal Funds for Parochial Schools? No	p. 142
Public Aid to Parochial Schools	p. 151
The Establishment Clause and Aid to Parochial Schools	p. 157
Indirect Aid or Vouchers	p. 167
The Increasingly Anachronistic Case against School Vouchers	p. 167
The Price of Vouchers for Religious Freedom	p. 174
School Vouchers and Religious Liberty: Seven Questions from Madison's "Memorial and Remonstrance"	p. 183
Evaluating School Voucher Programs through a Liberty, Equality, and Free Speech Matrix	p. 194
Vouchers and Religious Schools: The New Constitutional Questions	p. 208
Charitable Choice and Social Welfare Services by Faith-Based Providers	p. 216
A Constitutional Case for Governmental Cooperation with Faith-Based Social Service Providers	p. 216
Interpreting the Religion Clauses in Terms of Liberty, Equality, and Free Speech Values - A. Critical Analysis of "Neutrality Theory" and Charitable Choice	p. 226
Remembering the Values of Separatism and State Funding of Religious Organizations (Charitable Choice): To Aid Is Not Necessarily to Protect	p. 235
Government Promotion or Expression of Religious Beliefs
Editor's Introduction: Supreme Court Cases Evaluating Government Promotion or Expression of Religious Beliefs	p. 245
Government, Religion, and Culture: An Overview	p. 250
Religious Freedom at a Crossroads	p. 250
Religious Liberty as Liberty	p. 256
Religious Equality and Religious Endorsements	p. 266
From Liberty to Equality: The Transformation of the Establishment Clause	p. 266
Harmonizing the Heavenly and Earthly Spheres: The Fragmentation and Synthesis of Religion, Equality, and Speech in the Constitution	p. 279
Symbols, Perceptions, and Doctrinal Illusions: Establishment Neutrality and the "No Endorsement" Test	p. 292
Secular Purpose	p. 302
The Pledge of Allegiance and the Limited State	p. 314
Coercion and Establishment	p. 324
Coercion: The Lost Element of Establishment	p. 324
"Noncoercive" Support for Religion: Another False Claim about the Establishment Clause	p. 331
Religious Coercion and the Establishment Clause	p. 340
Lemon Is Dead	p. 348
Constitution of the United States of America	p. 357
The Amendments to the Constitution	p. 373
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