Religion and the Constitution

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Overview

This text is well-suited to courses in Religious Liberty or Religion and the Constitution. Its comprehensive yet concise volume brings a refreshing new perspective to the study of topics of enduring interest.

Features include:

  • exceptional authorship Professors McConnell, Garvey, and Berg are outstanding scholars in their field
  • emphasis on broad, recurring themes to place current debates in context, for ...
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Overview

This text is well-suited to courses in Religious Liberty or Religion and the Constitution. Its comprehensive yet concise volume brings a refreshing new perspective to the study of topics of enduring interest.

Features include:

  • exceptional authorship Professors McConnell, Garvey, and Berg are outstanding scholars in their field
  • emphasis on broad, recurring themes to place current debates in context, for example: free exercise of religion in the face of government regulation, government financial assistance to religious institutions, and the role of religion in government institutions, such as schools
  • notes and questions that connect constitutional and religious history with today's constitutional issues
  • focus on the relationship between free exercise and establishment clauses
  • lightly-edited cases that promote deep analysis

The text is divided into six main parts:

  • Introduction
  • History
  • Religion in the Regulatory State
  • The Power of the Purse
  • Religion and the Government's Influence Over Culture
  • What Is Religion
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Editorial Reviews

Booknews
A law school casebook that emphasizes the interrelatedness of the "free exercise of religion" and the "nonestablishment of religion" clauses of the United States Constitution. Both components are examined in the three areas where government interacts with religion: the regulation of religious activity, the funding of religious activity, and the treatment of religion in government's culture shaping activities such as public schools. Relevant Supreme Court cases are presented along with explanatory notes. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780735509832
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/1/2011
  • Edition number: 3
  • Pages: 845

Table of Contents

Preface
Acknowledgments
I Introduction 1
A Two Stories 4
B The Other Side of the Coin: The Interaction of Free Exercise and Nonestablishment 12
II History 21
A The Theory and Practice of Religious Establishments 21
B Major Influences on the Idea of Religious Liberty 38
C The Virginia Assessment Controversy 58
D The Constitutional Provisions 71
III Religion in the Regulatory State 101
A Free Exercise: Is Accommodation Required? 102
B Current Free Exercise Litigation 200
C Establishment Clause: Is Accommodation Permitted? 275
D Institutional Religion 360
IV The Power of the Purse 425
A Introduction: Government Aid in Modern Times and in the Founding Generation 425
B The Historical Struggle Over Nonpublic Education: Subsidy or Suppression? 445
C The Lemon Approach: No Aid to Religious Teaching 464
D The New Approach: "Neutral" Aid 503
E Ongoing Controversies Over Government Aid 553
V Religion and the Government's Influence Over Culture 603
A Efforts to Create a Public Culture 605
B Regulation of Private Religious Speech 730
C Drawing the Line Between Government and Private Speech 797
D Religion and Democracy 814
VI What is "Religion" 869
A The Draft Cases 870
B Defining Religion in Other Contexts 886
Table of Cases 907
Table of Statutes 915
Table of Authorities 917
Index 927
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