The Spirit of the Law

Religious Voices and the Constitution in Modern America

Author: Sarah Barringer Gordon

Publisher: Harvard University Press

ISBN: 9780674046542

Category: Law

Page: 316

View: 8169

A new constitutional world burst into American life in the mid-twentieth century. For the first time, the national constitution's religion clauses were extended by the United States Supreme Court to all state and local governments. As energized religious individuals and groups probed the new boundaries between religion and government and claimed their sacred rights in court, a complex and evolving landscape of religion and law emerged. Sarah Gordon tells the stories of passionate believers who turned to the law and the courts to facilitate a dazzling diversity of spiritual practice. Legal decisions revealed the exquisite difficulty of gauging where religion ends and government begins. Controversies over school prayer, public funding, religion in prison, same-sex marriage, and secular rituals roiled long-standing assumptions about religion in public life. The range and depth of such conflicts were remarkableâe"and ubiquitous. Telling the story from the ground up, Gordon recovers religious practices and traditions that have generated compelling claims while transforming the law of religion. From isolated schoolchildren to outraged housewives and defiant prisoners, believers invoked legal protection while courts struggled to produce stable constitutional standards. In a field dominated by controversy, the vital connection between popular and legal constitutional understandings has sometimes been obscured. The Spirit of the Law explores this tumultuous constitutional world, demonstrating how religion and law have often seemed irreconcilable, even as they became deeply entwined in modern America.
Posted in Law

Legal Responses to Religious Practices in the United States

Accomodation and its Limits

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1139576976

Category: Law

Page: N.A

View: 907

There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
Posted in Law

Pulpit and Nation

Clergymen and the Politics of Revolutionary America

Author: Spencer W McBride

Publisher: N.A

ISBN: 9780813941929

Category: History

Page: 272

View: 7978

In Pulpit and Nation, Spencer McBride highlights the importance of Protestant clergymen in early American political culture, elucidating the actual role of religion in the founding era. Beginning with colonial precedents for clerical involvement in politics and concluding with false rumors of Thomas Jefferson's conversion to Christianity in 1817, this book reveals the ways in which the clergy's political activism--and early Americans' general use of religious language and symbols in their political discourse--expanded and evolved to become an integral piece in the invention of an American national identity. Offering a fresh examination of some of the key junctures in the development of the American political system--the Revolution, the ratification debates of 1787-88, and the formation of political parties in the 1790s--McBride shows how religious arguments, sentiments, and motivations were subtly interwoven with political ones in the creation of the early American republic. Ultimately, Pulpit and Nation reveals that while religious expression was common in the political culture of the Revolutionary era, it was as much the calculated design of ambitious men seeking power as it was the natural outgrowth of a devoutly religious people.
Posted in History

The Mormon Question

Polygamy and Constitutional Conflict in Nineteenth-Century America

Author: Sarah Barringer Gordon

Publisher: Univ of North Carolina Press

ISBN: 0807875260

Category: Religion

Page: 352

View: 2871

From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
Posted in Religion

Defending American Religious Neutrality

Author: Andrew Koppelman

Publisher: Harvard University Press

ISBN: 0674067568

Category: Law

Page: 218

View: 7911

While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.
Posted in Law

Religious Lessons

Catholic Sisters and the Captured Schools Crisis in New Mexico

Author: Kathleen Holscher

Publisher: Oxford University Press

ISBN: 0199781737

Category: History

Page: 260

View: 6957

Based on doctoral dissertation ""Habits in the classroom: A court case regarding Catholic sisters in New Mexico," Princeton (2008).
Posted in History

Making Legal History

Essays in Honor of William E. Nelson

Author: Daniel J. Hulsebosch,R. B. Bernstein

Publisher: NYU Press

ISBN: 0814708447

Category: Law

Page: 325

View: 4496

One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
Posted in Law

Exporting Freedom

Religious Liberty and American Power

Author: Anna Su

Publisher: Harvard University Press

ISBN: 0674915844

Category: Law

Page: N.A

View: 9745

Religious freedom is recognized as a basic human right, guaranteed by nearly all national constitutions. Anna Su charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power.
Posted in Law

The Impossibility of Religious Freedom

New Edition

Author: Winnifred Fallers Sullivan

Publisher: Princeton University Press

ISBN: 1400890330

Category: Law

Page: 312

View: 9467

The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Posted in Law

The Agnostic Age

Law, Religion, and the Constitution

Author: Paul Horwitz

Publisher: Oxford University Press

ISBN: 019973772X

Category: Law

Page: 316

View: 3183

The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence. He asserts that the answer to this dilemma is to take "the agnostic turn": to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.
Posted in Law

A Ministry of Presence

Chaplaincy, Spiritual Care, and the Law

Author: Winnifred Fallers Sullivan

Publisher: University of Chicago Press

ISBN: 0226779750

Category: Law

Page: 240

View: 1616

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
Posted in Law

The Tragedy of Religious Freedom

Author: Marc O. DeGirolami

Publisher: Harvard University Press

ISBN: 0674074157

Category: Law

Page: 316

View: 9155

Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.
Posted in Law

The Godless Constitution

The Case Against Religious Correctness

Author: Isaac Kramnick,Robert Laurence Moore

Publisher: W. W. Norton & Company

ISBN: 9780393315240

Category: Church and state

Page: 191

View: 4557

Refutes the claims of the religious right that America was founded as a Christian nation, and emphasizes that separation of church and state was designed to guarantee religious freedom
Posted in Church and state

Establishing Religious Freedom

Jefferson's Statute in Virginia

Author: Thomas E. Buckley

Publisher: University of Virginia Press

ISBN: 0813935040

Category: History

Page: 376

View: 9610

The significance of the Virginia Statute for Establishing Religious Freedom goes far beyond the borders of the Old Dominion. Its influence ultimately extended to the Supreme Court’s interpretation of the separation of church and state. In his latest book, Thomas Buckley tells the story of the statute, beginning with its background in the struggles of the colonial dissenters against an oppressive Church of England. When the Revolution forced the issue of religious liberty, Thomas Jefferson drafted his statute and James Madison guided its passage through the state legislature. Displacing an established church by instituting religious freedom, the Virginia statute provided the most substantial guarantees of religious liberty of any state in the new nation. The statute's implementation, however, proved to be problematic. Faced with a mandate for strict separation of church and state--and in an atmosphere of sweeping evangelical Christianity--Virginians clashed over numerous issues, including the legal ownership of church property, the incorporation of churches and religious groups, Sabbath observance, protection for religious groups, Bible reading in school, and divorce laws. Such debates pitted churches against one another and engaged Virginia’s legal system for a century and a half. Fascinating history in itself, the effort to implement Jefferson’s statute has even broader significance in its anticipation of the conflict that would occupy the whole country after the Supreme Court nationalized the religion clause of the First Amendment in the 1940s.
Posted in History

The Rise and Decline of American Religious Freedom

Author: Steven D. Smith

Publisher: Harvard University Press

ISBN: 0674730135

Category: Law

Page: 240

View: 9163

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
Posted in Law

The Spirits and the Law

Vodou and Power in Haiti

Author: Kate Ramsey

Publisher: University of Chicago Press

ISBN: 0226703800

Category: History

Page: 425

View: 9278

Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.
Posted in History

The Federalist Papers

Author: Alexander Hamilton,John Jay,James Madison

Publisher: The Floating Press

ISBN: 1775454991

Category: Political Science

Page: 654

View: 7038

Perhaps the most essential distillation of the Founders' vision of America, The Federalist Papers consist of a series of 85 essays in favor of the ratification of the U.S. Constitution. Attributed to Alexander Hamilton, John Jay, and James Madison, the essays tackle an array of topics that are just as relevant today as they were more than 200 years ago, including human rights, republican governance, the proper scope and jurisdiction of a federal government, and much more.
Posted in Political Science

An Anxious Age

The Post-Protestant Ethic and the Spirit of America

Author: Joseph Bottum

Publisher: Doubleday

ISBN: 9780385518819

Category: Political Science

Page: 296

View: 729

Investigates the way in which the Catholic Church has achieved a new level of political and cultural importance in an America where the main line Protestant churches are losing influence.
Posted in Political Science

The Covenanter

Devoted to the Principles of the Reformed Presbyterian Church

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 7618

Posted in

Pearl of Great Price Study Guide

Moses, Abraham, The Last Days, and Joseph Smith

Author: Randal S. Chase

Publisher: Plain & Precious Publishing

ISBN: 1937901335

Category: Religion

Page: 340

View: 3030

Pearl of Great Price Study Guide: A companion to your study of the Pearl of Great Price, this Study Guide from the Making Precious Things Plain Series is a rich resource for teachers, students, and gospel scholars alike. In this volume full of supplemental material, Dr. Randal Chase, a veteran Institute and Gospel Doctrine teacher, shares years of insights into the scriptures by exploring scriptural symbolism, background, culture, and chronology, as well as the words and teachings of gospel authorities. This unique study guide of the Pearl of Great Price provides new depth and understanding to the scriptures. Readers will enjoy Dr. Chase's relaxed style and easy presentation as they gather information, clarification, and quotes that can be used for either private study or public speaking. This unique study guide will be a welcome addition to any library, and they will broaden your comprehension of this great treasure of latter-day scripture, which restores many lost treasures from the Bible. From Adam through Enoch and Noah, to Abraham and Moses, we discover hidden treasures of truth about Old Testament events. Then we receive new insight into the Savior's prophecies of the latter-days, followed by the inspiring personal history of the Prophet Joseph Smith and the Articles of Faith.
Posted in Religion