A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and sociological insights about American religious experience. She surveys and evaluates several of the most well considered approaches to religious freedom and applies them to contemporary legal controversies, examining problems in defining religion and claims concerning the autonomy of religious institutions. Her conclusions about religious liberty are embedded in an appreciation of American pluralism: the guarantee of religious freedom, she argues, can be understood as an instrument for fostering alternative sources of meaning within a pluralistic political community.

“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?

This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.

Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this classic and much-cited book, a leading constitutional scholar proposed a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Jesse Choper's thoughtful and pragmatics guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Although Choper does not call for the wholesale overturning of judicial precedents or established social practices, the standards he has proposed would result in significant--and controversial--modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. Quality ebook formatting includes linked notes, active TOC, and linked Index and Table of Cases.

The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Having disassociated themselves from an oppressive government with a strong central religion, the Founding Fathers of the United States acknowledged the freedom to practice one's religion when writing the nation's constitution. Subsequent constitutional amendments further drew a line between the ecumenical and the secular. Detailed descriptions of Supreme Court cases on the topic offer readers a clearer understanding of the original intent behind separating church and state, as well as how interpretations of such matters have impacted U.S. legislation.