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God and the Founders
Did the Founding Fathers intend to build a 'wall of separation' between church and state? Are public Ten Commandments displays or the phrase 'under God' in the Pledge of Allegiance consistent with the Founders' understandings of religious freedom? In God and the Founders, Dr Vincent Phillip Muñoz answers these questions by providing comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison's, Washington's, and Jefferson's public documents, private writings, and political actions, Muñoz explains the Founders' competing church-state political philosophies. Muñoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court's most important First Amendment religion cases. God and the Founders answers the question, 'What would the Founders do?' for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individuals' religious consciences.
Conscience and Belief: The Supreme Court and Religion
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Guardian of the Wall
Guardian of the Wall examines Leo Pfeffer's church-state thought and its influence on the U.S. Supreme Court. The book argues that Pfeffer’s understanding of the First Amendment’s religion clauses, shaped as it was by his historical and religious context, led him to advocate a separationist historical narrative and absolutist application of the Establishment and Free Exercise Clauses. Pfeffer’s jurisprudence was pivotal in shaping the U.S. Supreme Court’s interpretation of the First Amendment throughout the last half of the twentieth century. Guardian of the Wall challenges the popular contention that Pfeffer’s separationist philosophy was hostile to religion and sought to remove religion from the public square. Instead, it illustrates how Pfeffer believed a broad reading of both religion clauses protected religious freedom, secured religious equality, and fostered authentic participation of religion in public life. The book concludes by analyzing the Court’s shift away from the strict separation of church and state during the past thirty years and contends that the Court should reconsider Pfeffer’s approach to the First Amendment’s religion clauses.
In Chambers
Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Law, Politics, and Perception
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these ...
Battle over the Bench
Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and interest groups play in determining who will become a federal judge? The lower federal courts have increasingly become the final arbiters of the important political and social issues of the day. As a result, who gets seated on the bench has become a major political issue. In Battle over the Bench, Amy Steigerwalt argues that the key to understanding the dynamics of the lower court confirmation process is to examine the process itself. She offers a new analytic framework for understanding when nominations become contested,...
Women's Rights as Multicultural Claims
This book attempts to reconfigure feminism in a way that responds to cultural diversity. The author contends that a discourse of rights can be formulated and that this task is crucial to negotiating a balance between women's interests and multicultural cl
Pearl Harbor
Looks at the attack on Pearl Harbor by the Japanese, which brought the United States into World War II.
Judicial Independence in the Age of Democracy
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Congress and the Politics of Emerging Rights
Campbell and Stack (both in political science, Florida International U.) present seven contributions that explore the evolution of political right in American society, as played out in the legislation of Congress, the rulings of the federal judiciary, and the frequent tension between the two. Authors examine the Supreme Court's recent limiting of the power of the Commerce Clause of the Constitution for social reform, the unanticipated sexual harassment consequences of the Civil Rights Act of 1964, the "judicially created" right to privacy, the ability of gay rights organizations to bargain with Congress over anti-discrimination legislation, the recent redefinition of state's rights by the Rehnquist majority of the Supreme Court, the role of lawyers in defending the interests or "rights" of Congress in the courts, and a comparative analysis of the differing perspectives of rights between the United States and the rest of the world. Annotation copyrighted by Book News, Inc., Portland, OR.
