The First Amendment

by Berg, Thomas C.

• ISBN13: 9781591025184
• ISBN10: 1591025184
• Format: Trade Paper
• Copyright: 2007-08-01
• Publisher: Prometheus Books

Summary

Religious freedom is often designated as America's "first freedom". This superb volume presents key excerpts from a range of scholarship on issues concerning free exercise of religion.

Table of Contents

Series Editor's Preface	p. 11
Introduction
Introductory Essay	p. 17
Introductory Themes: Religious Freedom at the Founding and Today	p. 33
The Essential Rights and Liberties of Religion in the American Constitutional Experiment	p. 33
Taking the Free Exercise Clause Seriously: [Can It Mean So Much? Can It Mean So Little?]	p. 49
Are Religious Exemptions from General Laws Constitutionally Required?
The Basic Question of Exemptions	p. 57
Editor's Introduction: The US Supreme Court's Positions	p. 57
Free Exercise Revisionism and the Smith Decision	p. 66
In Defense of Smith and Free Exercise Revisionism	p. 77
The Debate Over Exemptions and Constitutional History	p. 84
The Origins and Historical Understanding of Free Exercise of Religion	p. 84
A Constitutional Right of Religious Exemption: An Historical Perspective	p. 99
The Second Adoption of the Free Exercise Clause: Religious Exemptions and the Fourteenth Amendment	p. 107
Why Should Religious Freedom Have Distinctive Constitutional Protection?	p. 121
An Anti-Liberal Argument for Religious Freedom	p. 121
The Right Not to Be John Garvey	p. 135
Religious Liberty as Liberty: [Why Religious Liberty?]	p. 144
The Vulnerability of Conscience: The Constitutional Basis for Protecting Religious Conduct	p. 151
Defining "Religion"	p. 169
Editor's Introduction: Definitions in the Case Law	p. 169
Religious Liberty as Liberty: [Defining Religion]	p. 172
God is Great, Garvey is Good: Making Sense of Religious Freedom	p. 179
Free Exercise Under Current Doctrine	p. 183
Free Exercise is Dead, Long Live Free Exercise! Smith, Lukumi, and the General Applicability Requirement	p. 183
Toward a Defensible Free Exercise Doctrine	p. 197
Judicial Exemptions: Balancing Harms to Religion Against Harms to Society	p. 207
Where Rights Begin: The Problem of Burdens on the Free Exercise of Religion	p. 207
Taking the Free Exercise Clause Seriously: [Some Problems with Taking Freedom of Religion Seriously]	p. 221
The New Attacks on Religious Freedom Legislation, and Why They Are Wrong	p. 226
A Common-Law Model for Religious Exemptions	p. 232
Legislative Protection of Religious Freedom
The Debate over the Religious Freedom Restoration Act (RFRA)	p. 245
What Hath Congress Wrought? An Interpretive Guide to the Religious Freedom Restoration Act	p. 245
RFRA, Congress, and the Ratchet	p. 249
City of Boerne v. Flores: A Landmark for Structural Analysis	p. 258
Legislative Accommodations, the Institutional Roles of Courts and Legislatures, and the Establishment Clause	p. 267
Editor's Introduction: Supreme Court Rulings on Legislative Accommodations and the Establishment Clause	p. 267
Religious Institutions, The No-Harm Doctrine, and the Public Good	p. 271
The Trouble with Accommodation	p. 276
Why Is Religion Special? Reconsidering the Accommodation of Religion Under the Religion Clauses	p. 280
Accommodation of Religion: An Update and a Response to the Critics	p. 286
Other Free Exercise Issues
Religious Institutions' Free Exercise	p. 293
Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy	p. 293
Free Exercise Exemptions and Religious Institutions: The Case of Employment Discrimination	p. 299
Religious Organizations and Free Exercise: The Surprising Lessons of Smith	p. 307
Thoughts on Smith and Religious-Group Autonomy	p. 318
Free Exercise and Government Funding	p. 325
The Mistakes in Locke v. Davey and the Future of State Payments for Services by Religious Institutions	p. 325
Locke v. Davey and the Limits to Neutrality Theory	p. 339
Appendices
Constitution of the United States of America	p. 355
Amendments to the Constitution	p. 371
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