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Religion And The American Constitutional Experiment: Essential Rights And Liberties

Religion And The American Constitutional Experiment: Essential Rights And Liberties Cover

 

Synopses & Reviews

Publisher Comments:

This volume offers a novel reading of the American constitutional experiment in religious liberty. The First Amendment, John Witte argues, is a synthesis of both the theological convictions and the political calculations of the eighteenth-century American founders. The founders incorporated six interdependent principles into the First Amendment—liberty of conscience, freedom of exercise, equality of faiths, plurality of confessions, disestablishment of religion, and separation of church and state. Both the nuance and the balance of these six principles have often been lost on current interpreters of the First Amendment. Particularly the Supreme Court has tended to reduce the First Amendment to mechanical tests and metaphorical formulae that often replace, rather than guide, its analysis and application of these principles. First Amendment doctrine today has thus become notoriously confused, casuistic, and self-contradictory.Religion and the American Constitutional Experiment urges a return to the principled approach to religious rights, evident both in the American founding era and in the modern international human rights movement. Witte uses these principles to analyze the free exercise and establishment case law of the last two centuries. He then illustrates the virtues of his principled approach through analysis of the thorny contests over tax exemptions for religions, the role of religion in the public school, among others.This lucid and engaging volume serves both as a provocative primer for students and a pristine restatement for specialists in law, religion, history, politics, and American studies. Through a fresh reading of the sources and cases, and through the discovery and introduction of several new materials, the author reclaims the essential value, vigor, and vitality of our most cherished religious rights and liberties.

Synopsis:

Calls for a return to the principled approach to religious rights, evident both in the American founding era and in the modern human rights movement.

Description:

Includes bibliographical references (p. 341-361) and index.

About the Author

John Witte, Jr. is the Jonas Robitscher professor of law and ethics, and director of the law and religion program at Emory University, Atlanta. A specialist in legal history and religious liberty, he has published twelve books and 120 professional articles, and has lectured throughout North America, Europe, Israel, and South Africa.

Product Details

ISBN:
9780813333069
Subtitle:
Essential Rights And Liberties
Author:
Witte, John, Jr.
Author:
Witte Jr, John
Author:
John Witte, Jr.
Publisher:
Westview Press
Location:
Boulder, Colo. :
Subject:
History
Subject:
Constitutional
Subject:
Church and state
Subject:
Freedom of religion
Subject:
âEtats-Unis
Subject:
âEglise et âEtat
Subject:
Libertâe religieuse
Subject:
Religion & State
Subject:
Religion, Politics & State
Subject:
General Law
Edition Description:
Trade Paper
Series Volume:
105-563
Publication Date:
19991007
Binding:
Paperback
Language:
English
Pages:
400
Dimensions:
9 x 6 in

Related Subjects

History and Social Science » Law » Constitutional Law

Religion And The American Constitutional Experiment: Essential Rights And Liberties
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Product details 400 pages Westview Press - English 9780813333069 Reviews:
"Synopsis" by ,
Calls for a return to the principled approach to religious rights, evident both in the American founding era and in the modern human rights movement.
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