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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.
Wilson reminds us that Brown was not one case but fourincluding similar cases in South Carolina, Virginia and Delaware - and that it was only a quirk of fate that brought this young lawyer to center stage at the Supreme Court. But the Kansas case and his own role, he argues, were different from the others in significant ways. His recollections reveal why. Recalling many events known only to Brown insiders, Wilson re-creates the world of 1950s Kansas, places the case in the context of those times and politics, provides important new information about the states ambivalent defense, and then steps back to suggest some fundamental lessons about his experience, the evolution of race relations and the lawyer's role in the judicial resolution of social conflict.
A final chapter shows how favorably American religious freedom compares with international human rights norms and European Court of Human Rights case law. Lucid, comprehensive, multidisciplinary, and balanced, this volume is an ideal classroom text and armchair paperback. Detailed appendices offer drafts of each of the religion clauses debated in 1788 and 1789, a table of all state constitutional laws on religious freedom, and a summary of every Supreme Court case on religious liberty from 1815 to 2015. Throughout the volume, the authors address frankly and fully the hot button issues of our day: religious freedom versus sexual liberty, freedom of conscience and its limitations, religious group rights and the worries about abuse, faith-based legal systems and their place in liberal democracies, and the fresh rise of anti-Semitism, Islamophobia, and anti-Christianity in America and abroad.
No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's "wall of separation between church and state," and few metaphors have provoked more passionate debate.
Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one religion, as critics of the Court assert? The First Freedoms studies the church-state context of colonial and revolutionary America to present a bold new reading of the historical meaning of the religion clauses of the First Amendment. Synthesizing and interpreting a wealth of evidence from the founding of Virginia to the passage of the Bill of Rights, including everything published in America before 1791, Thomas Curry traces America's developing ideas on religious liberty and offers the most extensive investigation ever of the historical origins and background of the First Amendment's religion clauses.
The Third Disestablishment examines the formative period in the development of church-state law and the rise and decline of church-state separation as a legal construct and a cultural value.