The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses

The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses

by James Hitchcock
ISBN-10:
0691116962
ISBN-13:
9780691116969
Pub. Date:
07/06/2004
Publisher:
Princeton University Press
Select a Purchase Option (New Edition)
  • purchase options
    $49.68 $62.50 Save 21% Current price is $49.68, Original price is $62.5. You Save 21%.
  • purchase options

Overview

The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses

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 first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored.

Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society.

It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.

Product Details

ISBN-13: 9780691116969
Publisher: Princeton University Press
Publication date: 07/06/2004
Series: New Forum Books Series
Edition description: New Edition
Pages: 232
Product dimensions: 6.00(w) x 9.25(h) x 0.80(d)

Table of Contents

Introduction to Volume 1 1

CHAPTER O NE

The Kingdom of This World 3

CHAPTER T WO

Belief and Action 18

CHAPTER T HREE

The Phantom Wall 32

CHAPTER F OUR

Clouds of Witnesses 43

CHAPTER F IVE

Expansion 60

CHAPTER S IX

Contraction 90

CHAPTER S EVEN

Religious Education and Public Support 122

C ONCLUSION 149

Notes 163

Bibliography 193

Index of Justices 205

Index of Cases 207

General Index 213

Customer Reviews

Most Helpful Customer Reviews

See All Customer Reviews