Religion and the American Constitutional Experiment

by Witte, John, Jr.; Nichols, Joel A.

• ISBN13: 9780813344751
• ISBN10: 0813344751
• Edition: 3rd
• Format: Paperback
• Copyright: 2010-07-27
• Publisher: Westview Pr

Summary

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 Appendices	p. xi
Preface	p. xiii
Introduction	p. xix
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
Index	p. 339
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