ORIGINAL INTENT THE COURTS THE CONSTITUTION RELIGION

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Original Intent

Author : David Barton
ISBN : 9781932225853
Genre : History
File Size : 35.80 MB
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In their own words, the Supreme Court has become “a national theology board,” “a super board of education,” and amateur psychologists on a “psycho-journey.” The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: • a “Lemon Test” absurdly requiring religious expression to be secular, • an “Endorsement Test” pursuing an impossible neutrality between religion and secularism, • and a “Psychological Coercion Test” allowing a single dissenter to silence an entire community’s religious expression. Additional casualties of judicial activism have included protections for State’s rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? "Original Intent" answers these questions. By relying on thousands of primary sources, "Original Intent" documents (in the Founding Fathers’ own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality.
Category: History

Church State And Original Intent

Author : Donald L. Drakeman
ISBN : 9780521119184
Genre : Law
File Size : 74.7 MB
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This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
Category: Law

The Separation Of Church And State

Author : Jason Porterfield
ISBN : 9781477775097
Genre : Juvenile Nonfiction
File Size : 63.42 MB
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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.
Category: Juvenile Nonfiction

Religion And The American Constitutional Experiment

Author : Joel A. Nichols
ISBN : 9780190459420
Genre : LAW
File Size : 32.23 MB
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"This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--
Category: LAW

Religion And The Continental Congress 1774 1789

Author : Derek H. Davis
ISBN : 019535088X
Genre : History
File Size : 89.16 MB
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How did the constitutional framers envision the role of religion in American public life? Did they think that the government had the right to advance or support religion and religious activities? Or did they believe that the two realms should remain forever separate? Throughout American history, scholars, Supreme Court justices, and members of the American public have debated these questions. The debate continues to have significance in the present day, especially in regard to public schools, government aid to sectarian education, and the use of public property for religious symbols. In this book, Derek Hamilton Davis offers the first comprehensive examination of the role of religion in the proceedings, theories, ideas, and goals of the Continental Congress. Those who argue that the United States was founded as a "Christian Nation" have made much of the religiosity of the founders, particularly as it was manifested in the ritual invocations of a clearly Christian God as well as in the adoption of practices such as government-sanctioned days of fasting and thanksgiving, prayers and preaching before legislative bodies, and the appointments of chaplains to the Army. Davis looks at the fifteen-year experience of the Continental Congress (1774-1789) and arrives at a contrary conclusion: namely, that the revolutionaries did not seek to entrench religion in the federal state. Congress's religious activities, he shows, expressed a genuine but often unreflective popular piety. Indeed, the whole point of the revolution was to distinguish society, the people in its sovereign majesty, from its government. A religious people would jealously guard its own sovereignty and the sovereignty of God by preventing republican rulers from pretending to any authority over religion. The idea that a modern nation could be premised on expressly theological foundations, Davis argues, was utterly antithetical to the thinking of most revolutionaries.
Category: History

Religion And The Constitution

Author : Peter J. Ferrara
ISBN : UOM:39015008713839
Genre : Law
File Size : 83.60 MB
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To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.
Category: Law

Religious Expression And The American Constitution

Author : Franklyn S. Haiman
ISBN : 9780870139239
Genre : Language Arts & Disciplines
File Size : 33.15 MB
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First Amendment rights have been among the most fiercely debated topics in the aftermath of 9/11. In the current environment and fervor for “homeland security,” personal freedoms in exchange for security are coming under more scrutiny. Among these guaranteed freedoms are the protection of religious expression given by the U.S. Constitution and the constitutional prohibitions against behaviors that violate the separation of church and state. The mandate that the government “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” is a general principle that has guided American courts in interpreting the original intent of the First Amendment. In Religious Expression and the American Constitution, Haiman focuses on the current state of American law with respect to a broad range of controversial issues affecting religious expression, both verbal and nonverbal, along with a review of the recent history of each issue to provide a full understanding.
Category: Language Arts & Disciplines

That Godless Court

Author : Ronald Bruce Flowers
ISBN : 0664228917
Genre : Religion
File Size : 78.10 MB
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The religion clauses of the First Amendment, which seem simple and clear, have been and continue to be controversial in their application. Church-state issues have never been more complex, controversial, and divisive than they are today. In this helpful and instructive book, Ronald B. Flowers explains clearly and concisely the intricacies and implications of Supreme Court decisions in the volatile area of church-state relations. This is an ideal primer for those Americans who have listened to the debates about what the Supreme Court has and has not said about the relationship between church and state, and where the boundaries between the two have been eroded. It is also ideal for use in the classroom, specifically in undergraduate courses in religion and the court, introductions to U.S. constitutional law, constitutional law and politics, and the Supreme Court. The book is also a helpful tool for pastors, clarifying contemporary church-state issues that impact their churches and parishioners directly and indirectly.
Category: Religion

Original Intent

Author : Derek Davis
ISBN : UOM:39015019838021
Genre : Biography & Autobiography
File Size : 86.2 MB
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Summarizes the views of the Chief Justice, and looks at the role of original intent in constitutional law
Category: Biography & Autobiography

Original Intent And The Framers Constitution

Author : Leonard W. Levy
ISBN : 9781461730286
Genre : History
File Size : 21.66 MB
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For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Category: History