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On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-st...
President Obama has signaled a sharp break from many Bush Administration policies, but he remains committed to federal support for religious social service providers. Like George W. Bush's faith-based initiative, though, Obama's version of the policy has generated loud criticism - from both sides of the aisle - even as the communities that stand...
The assortment of political views held by Baptists was as diverse as any other denomination in the early United States, but they were bound together by a fundamental belief in the inviolability of the individual conscience in matters of faith. In a nation where civil government and religion were inextricable, and in states where citizens were still born into the local parish church, the doctrine of believer’s baptism was an inescapably political idea. As a result, historians have long acknowledged that Baptists in the early republic were driven by their pursuit of religious liberty, even partnering with those who did not share their beliefs. However, what has not been as well documented is the complexity and conflict with which Baptists carried out their Jeffersonian project. Just as they disagreed on seemingly everything else, Baptists did not always define religious liberty in quite the same way. Let Men Be Free offers the first comprehensive look into Baptist politics in the early United States, examining how different groups and different generations attempted to separate church from state and how this determined the future of the denomination and indeed the nation itself.
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discours...
For more than thirty years, Douglas Laycock has been studying, defending, and writing about religious liberty. In this second volume of the comprehensive collection of his writings on the subject, he has compiled articles, amicus briefs, and actual court documents relating to regulatory exemptions under the Constitution, the right to church autonomy, and the rights of non-mainstream religions. This collection — which deals with religious schools and colleges, sex abuse cases, the rights of Hare Krishnas and Scientologists, the landmark decision Employment Division v. Smith, and more — will be a valuable reference for churches, schools, and other religious organizations as they exercise their Constitutionally protected freedom of religion.
Despite talk of a "naked public square," religion has never really lost its place in American public life. As the twenty-first century opened, it was re-emerging in unexpected and paradoxical ways. Religious institutions were considered for expanded roles in welfare and education, at the same time that the limits of religious pluralism—as, for example, in the relation of Islam to American values—became a question of urgent public concern. Religion Returns to the Public Square;Faith and Policy in America explores how and why religion has to be mixed up with American politics. Uncovering philosophical, historical, legal, and social roots of this relationship, these essays go beyond hot-button issues to reflect on the current interactions and future possibilities of religion and politics in America.
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. In this final volume Laycock documents the use of the Constitution’s Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey...