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The Religion Clauses: Reconciling Accommodation and Separation

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.006
Subject:
Law, Constitutional and Administrative Law

In addition to the speech, press, assembly, and petition clauses, the First Amendment to the U.S. Constitution contains two provisions dealing with the subject of religion: the Establishment Clause ... More


Constitutional agnosticism and the establishment clause: One Nation Under —?

Paul Horwitz

in The Agnostic Age: Law, Religion, and the Constitution

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199737727
eISBN:
9780199895267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737727.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter points out that the creation of the Establishment Clause prohibits any binding structure in a community that serves as a reservoir to where all inquiries relating to the legal and ... More


No Establishment of Religion: America’s Original Contribution to Religious Liberty

T. Jeremy Gunn and John Witte (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.001.0001
Subject:
Religion, Religion and Society

The focus of the volume is the historical background and meaning of the Establishment Clause of the First Amendment of the Constitution, from the seventeenth century to the present. The text does not ... More


The First Federal Congress and the Formation of the Establishment Clause of the First Amendment

Carl H. Esbeck

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0008
Subject:
Religion, Religion and Society

This chapter offers a detailed study of the debates in the First Congress leading to the adoption of the Establishment Clause and the Free Exercise Clause. Arguing that the court in Everson v. Board ... More


Some Reflections on Fundamental Questions about the Original Understanding of the Establishment Clause

Kent Greenawalt

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0012
Subject:
Religion, Religion and Society

This chapter begins with an analysis of Everson v. Board of Education, where it argues that the although the original intent of the Establishment Clause and the Fourteenth Amendment should be given ... More


Deriving Doctrine

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter explains how the Court derives constitutional principle using examples from the areas of freedom of speech, racial discrimination, reapportionment, and abortion. It then uses two ... More


Tradition and Practice

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Court's use of tradition and practice in constitutional interpretation. First, it looks at how the Court has relied on longstanding congressional or executive practice ... More


The Separation of Church and State versus Religion in the Public Square: The Contested History of the Establishment Clause

T. Jeremy Gunn

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0001
Subject:
Religion, Religion and Society

This chapter argues that modern understandings of the historical origins of the Establishment Clause largely reflect one of two basic understandings of the origins of the clause: one that promotes ... More


The New Religious Institutionalism Meets the Old Establishment Clause

Gregory P. Magarian

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0022
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter argues that the Establishment Clause should place substantial constraints on constitutional or statutory accommodation of religious institutions. Religious accommodation has always ... More


Legalizing Evolution 1961–1970

Edward J. Larson

in Trial and Error: The American Controversy Over Creation and Evolution

Published in print:
2003
Published Online:
October 2011
ISBN:
9780195154719
eISBN:
9780199849505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195154719.003.0005
Subject:
History, American History: 20th Century

This chapter traces the readmission of evolution into the classroom during the 1960s, leading up to the Epperrson case, which struck down Arkansas anti-evolution law, and parallel legal actions in ... More


The Legacy of the School Question

Steven K. Green

in The Bible, the School, and the Constitution: The Clash that Shaped Modern Church-State Doctrine

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199827909
eISBN:
9780199932849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199827909.003.0007
Subject:
Religion, Religion and Society

This chapter traces the evolution of nonsectarian education, Bible reading in the schools, and the funding of religious schools in the years following the Blaine Amendment. It discusses the impact of ... More


The Uses of the Myth

William T. Cavanaugh

in The Myth of Religious Violence: Secular Ideology and the Roots of Modern Conflict

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195385045
eISBN:
9780199869763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195385045.003.0005
Subject:
Religion, Religion and Society, World Religions

This chapter shows the purposes to which the myth of religious violence is put in the United States. In domestic politics, it has helped to marginalize certain practices such as public school prayer ... More


Judges’ Religion

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.006
Subject:
Psychology, Forensic Psychology

This chapter reviews social scientific research on the relationship between judges' religion and their decisions. It begins with a historical perspective on the role of religion in judicial selection ... More


Freedom of and from Religion

Lucas A. Powe Jr.

in America's Lone Star Constitution: How Supreme Court Cases from Texas Shape the Nation

Published in print:
2018
Published Online:
September 2018
ISBN:
9780520297807
eISBN:
9780520970014
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520297807.003.0010
Subject:
Political Science, American Politics

This chapter examines Supreme Court cases that were filed over the issue of freedom of and from religion in Texas. In 2011, Governor Rick Perry designated April 22–24 as official days of prayer for ... More


Religious Figures and Institutions As Litigants

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.009
Subject:
Psychology, Forensic Psychology

Litigants' religion is central to some cases, such as those making a free exercise claim; a substantial factor in others, such as clergy charged with sexual abuse, defendants who introduce their ... More


Defining and Testing the Prohibition on Religious Establishments in the Early Republic

Daniel L. Dreisbach

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0009
Subject:
Religion, Religion and Society

This chapter argues that the meanings of the Establishment Clause and the Religious Test Clause were not entirely clear at the time that the Constitution and Bill of Rights were adopted, and the ... More


Getting Beyond “The Myth of Christian America”

Martin E. Marty

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0013
Subject:
Religion, Religion and Society

This chapter argues that the phrase “Christian America” is fraught with confusion. The Constitution itself implies nothing about Christianity and could equally serve as a constitution for countries ... More


Captured!: POAU and the National Campaign against Captive Schools

Kathleen Holscher

in Religious Lessons: Catholic Sisters and the Captured Schools Crisis in New Mexico

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199781737
eISBN:
9780199979653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199781737.003.0004
Subject:
Religion, Religion and Society

This chapter deals with the organization Protestants and Other Americans United for Separation of Church and State (POAU), and the captive schools campaign it promoted in response to sister-taught ... More


James Madison, Thomas Jefferson, and the Meaning of “Establishment of Religion” in Eighteenth-Century Virginia

Ralph Ketcham

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0006
Subject:
Religion, Religion and Society

This chapter focuses particularly on the ideas and activities of James Madison and Thomas Jefferson in support of religious freedom. From the time he was a young man, Madison was an opponent of ... More


The “Second Disestablishment”: The Evolution of Nineteenth-Century Understandings of Separation of Church and State

Steven K. Green

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0010
Subject:
Religion, Religion and Society

During the revolutionary years until 1833, the states undertook what might be described as a “first disestablishment,” where their official religions were eliminated through the political process in ... More


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