An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.

This long-overdue volume is the only one of its kind containing all of Madison's religious writings, as well as new contributions by leading scholars. Madison's writings assume even more importance to thoughtful Americans as the Supreme Court continues to decide issues of school prayer, and as the Moral Majority tries to desecularize American public and private life. Imagine an America without the Bill of Rights, without the Constitution. This image of our nation, existing without these two foundations of freedom, justice, and inquiry, assaults the imagination, for these two documents are the fuel that runs the republic. What is even more remarkable is that their primary author was one man - James Madison. James Madison On Religious Liberty is the definitive work of scholarship in its field, and will lay to rest any questioning of Madison's enormous historical stature. The essays are exhaustive in scope - many appear here for the first time in published form - and they include all of the available scholarship on Madison's religious writings. Alley provides more than 65 pages of source material, including "Memorial and Remonstrance," probably the single most important statement of religious liberty ever written; the Virginia Declaration of Rights; selections from his correspondence with Thomas Jefferson and William Bradford; and other writings. Among the distinguished contributors are Daniel J. Boorstein, the late Sam Ervin, Jr., Robert A. Rutland, A.E. Dick Howard, Henry Steele Commager, Lowell P. Weicker, Jr., and Dumas Malone. This volume makes clear the wisdom and courage Madison invested in his writings. He was fully aware that all our freedoms flow from religious liberty, as religious liberty is really the freedom of inquiry.

The Collected Works on Religious Liberty comprehensively collects the scholarship, advocacy, and explanatory writings of leading scholar and lawyer Douglas Laycock, illuminating every major religious liberty issue from both theoretical and practical perspectives. / This first volume gives the big picture of religious liberty in the United States. It fits a vast range of disparate disputes into a coherent pattern, from public school prayers to private school vouchers to regulation of churches and believers. Laycock clearly and carefully explains what the law is and argues for what the law should be. He also reviews the history of Western religious liberty from the American founding to Protestant-Catholic conflict in the nineteenth century, using this history to cast light on the meaning of our constitutional guarantees. / Collected Works on Religious Liberty is unique in the depth and range of its coverage. Laycock helpfully includes both scholarly articles and key legal documents, and unlike many legal scholars, explains them clearly and succinctly. All the while, he maintains a centrist perspective, presenting all sides — believers and nonbelievers alike — fairly.

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.