Religion and the Constitution, Second Edition / Edition 2

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Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it examines the relationship between government and religion within the framework of the Constitution.

This class-tested casebook:

  • features exceptional authors who are well-known for their scholarship
  • places current debates in the context of broad recurring themes: 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
  • uses notes and questions to connect constitutional and religious history to current constitutional issues
  • combines notes and problems to stimulate deeper understanding and the application of knowledge to new issues
  • focuses on the interrelation between free exercise and establishment clauses
  • promotes in-depth case analysis by the use of lightly edited classic and current cases

The Second Edition incorporates the many changes in the field:

  • a substantially revised section on "The Power of the Purse" considers the latest developments regarding school vouchers (Zelman), state "Blaine Amendments" (Locke v. Davey), funding of social services (e.g. the Bush Administration's "faith-based initiative"), and "strings" attached to government aid
  • the section on tort claims against religious institutions reflects recent issues arising out of sexual-abuse cases
  • new Supreme Court and key lower-court decisions in all areas appear throughout the book
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Editorial Reviews

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 (
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Product Details

  • ISBN-13: 9780735561373
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 7/28/2006
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 778
  • Product dimensions: 70.00 (w) x 10.00 (h) x 1.00 (d)

Table of Contents

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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