Religious Liberty and State Constitutions

Religious Liberty and State Constitutions

Author: Edd Doerr

Publisher:

Published: 1993

Total Pages: 128

ISBN-13:

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In 1787, the new United States of America formulated a Constitution, which for more than two hundred years has remained the greatest single advance in the long evolution of democracy and freedom. The authors of the Constitution, fearing the religious intolerance and persecution that was typical of many European governments, deliberately avoided a church-state union and limited the federal government to purely secular matters. The First Amendment explicitly stated, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ..". In the debate over the separation between church and state, attention is often focussed solely on the national Constitution. The fact is sometimes overlooked that the state constitutions, some of which were written before the federal Constitution, include explicit protections of religious liberty and church-state separation, some even more comprehensive and specific in their guarantees and prohibitions than the U.S. Constitution. All of the state constitutions deal with religious freedom and all support the church-state separation principle. Forty-six states explicitly protect freedom of worship or conscience, while thirty-five states prohibit establishment of any state religion. Interestingly, five states still have provisions requiring that office holders believe in a Supreme Being, despite the fact that the Supreme Court declared these requirements to be unconstitutional in 1961. This comprehensive volume brings together all of the religious-liberty and church-state provisions of the fifty state constitutions. The only work of its kind, Religious Liberty and State Constitutions will serve as a useful referencework for people in the fields of education, law, and religion.


Book Synopsis Religious Liberty and State Constitutions by : Edd Doerr

Download or read book Religious Liberty and State Constitutions written by Edd Doerr and published by . This book was released on 1993 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1787, the new United States of America formulated a Constitution, which for more than two hundred years has remained the greatest single advance in the long evolution of democracy and freedom. The authors of the Constitution, fearing the religious intolerance and persecution that was typical of many European governments, deliberately avoided a church-state union and limited the federal government to purely secular matters. The First Amendment explicitly stated, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ..". In the debate over the separation between church and state, attention is often focussed solely on the national Constitution. The fact is sometimes overlooked that the state constitutions, some of which were written before the federal Constitution, include explicit protections of religious liberty and church-state separation, some even more comprehensive and specific in their guarantees and prohibitions than the U.S. Constitution. All of the state constitutions deal with religious freedom and all support the church-state separation principle. Forty-six states explicitly protect freedom of worship or conscience, while thirty-five states prohibit establishment of any state religion. Interestingly, five states still have provisions requiring that office holders believe in a Supreme Being, despite the fact that the Supreme Court declared these requirements to be unconstitutional in 1961. This comprehensive volume brings together all of the religious-liberty and church-state provisions of the fifty state constitutions. The only work of its kind, Religious Liberty and State Constitutions will serve as a useful referencework for people in the fields of education, law, and religion.


Religious Freedom and the Constitution

Religious Freedom and the Constitution

Author: Christopher L. Eisgruber

Publisher: Harvard University Press

Published: 2010-04-10

Total Pages: 346

ISBN-13: 0674034457

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Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.


Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber

Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.


How Religious Liberty was Written Into the American Constitution

How Religious Liberty was Written Into the American Constitution

Author: Joseph Bondy

Publisher:

Published: 1927

Total Pages: 54

ISBN-13:

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Book Synopsis How Religious Liberty was Written Into the American Constitution by : Joseph Bondy

Download or read book How Religious Liberty was Written Into the American Constitution written by Joseph Bondy and published by . This book was released on 1927 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Religious Freedom and the Constitution

Religious Freedom and the Constitution

Author: Christopher L. Eisgruber

Publisher: Harvard University Press

Published: 2010-04-10

Total Pages: 362

ISBN-13: 9780674023055

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Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.


Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber

Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.


The American Constitutions and Religion

The American Constitutions and Religion

Author:

Publisher: The Lawbook Exchange, Ltd.

Published: 2007

Total Pages: 146

ISBN-13: 1584777362

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A valuable resource for students of church-state relations in the United States, this anthology lists every passage with a religious reference in the charters of the thirteen colonies and the constitutions of forty-eight states. Also includes an introduction that provides an overview of church-state relations from the colonial period to the 1930s.


Book Synopsis The American Constitutions and Religion by :

Download or read book The American Constitutions and Religion written by and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: A valuable resource for students of church-state relations in the United States, this anthology lists every passage with a religious reference in the charters of the thirteen colonies and the constitutions of forty-eight states. Also includes an introduction that provides an overview of church-state relations from the colonial period to the 1930s.


Religious Liberty and the Secular State

Religious Liberty and the Secular State

Author: John M. Swomley

Publisher:

Published: 1987

Total Pages: 164

ISBN-13:

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This book examines the political and religious context in which the Constitution and The Bill of Rights were adopted. Swomley reasons that those who wrote and adopted the Constitution and First Amendment intended a strict separation of church and state, a government that would neither aid nor impede religion. Religious Liberty and the Secular State refutes Chief Justice Rehnquist's position that the framers of the Constitution did not intend to ban all religious aid, only preferential aid. Swomley also refutes Rehnquist's claim that the Establishment Clause in the First Amendment was intended to prevent the establishment of a single national church. Swomley concludes that the Constitution was intended to prevent the federal government from establishing one or more churches and to prevent the tax support of churches on any basis. This book exposes the Supreme Court's erosion of the Establishment Clause while emphasizing the Free Exercise Clause. Swomley also explores civil religion, secular humanism, and the current counter-revolution against separation of church and state led by some religious and political conservatives who would profit from government aid. He also lists the benefits churches would realize under a secular government.


Book Synopsis Religious Liberty and the Secular State by : John M. Swomley

Download or read book Religious Liberty and the Secular State written by John M. Swomley and published by . This book was released on 1987 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political and religious context in which the Constitution and The Bill of Rights were adopted. Swomley reasons that those who wrote and adopted the Constitution and First Amendment intended a strict separation of church and state, a government that would neither aid nor impede religion. Religious Liberty and the Secular State refutes Chief Justice Rehnquist's position that the framers of the Constitution did not intend to ban all religious aid, only preferential aid. Swomley also refutes Rehnquist's claim that the Establishment Clause in the First Amendment was intended to prevent the establishment of a single national church. Swomley concludes that the Constitution was intended to prevent the federal government from establishing one or more churches and to prevent the tax support of churches on any basis. This book exposes the Supreme Court's erosion of the Establishment Clause while emphasizing the Free Exercise Clause. Swomley also explores civil religion, secular humanism, and the current counter-revolution against separation of church and state led by some religious and political conservatives who would profit from government aid. He also lists the benefits churches would realize under a secular government.


Proposing an Amendment to the Constitution of the United States Restoring Religious Freedom

Proposing an Amendment to the Constitution of the United States Restoring Religious Freedom

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Publisher:

Published: 1999

Total Pages: 150

ISBN-13:

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Book Synopsis Proposing an Amendment to the Constitution of the United States Restoring Religious Freedom by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Proposing an Amendment to the Constitution of the United States Restoring Religious Freedom written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1999 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Religious Liberty and the American Supreme Court

Religious Liberty and the American Supreme Court

Author: Vincent Phillip Munoz

Publisher: Rowman & Littlefield

Published: 2015-03-27

Total Pages: 679

ISBN-13: 1442250321

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Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.


Book Synopsis Religious Liberty and the American Supreme Court by : Vincent Phillip Munoz

Download or read book Religious Liberty and the American Supreme Court written by Vincent Phillip Munoz and published by Rowman & Littlefield. This book was released on 2015-03-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.


Religious Liberty and the American Founding

Religious Liberty and the American Founding

Author: Vincent Phillip Muñoz

Publisher: University of Chicago Press

Published: 2022-08-24

Total Pages: 345

ISBN-13: 0226821439

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An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.


Book Synopsis Religious Liberty and the American Founding by : Vincent Phillip Muñoz

Download or read book Religious Liberty and the American Founding written by Vincent Phillip Muñoz and published by University of Chicago Press. This book was released on 2022-08-24 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.


Religious Liberty Under the Free Exercise Clause

Religious Liberty Under the Free Exercise Clause

Author: United States. Department of Justice. Office of Legal Policy

Publisher:

Published: 1988

Total Pages: 190

ISBN-13:

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Book Synopsis Religious Liberty Under the Free Exercise Clause by : United States. Department of Justice. Office of Legal Policy

Download or read book Religious Liberty Under the Free Exercise Clause written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: