The American Constitution and Religion
Publication Year: 2013
Published by: The Catholic University of America Press
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Title Page, Copyright Page
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...the religious clauses of the First Amendment, in connection both with federal activity and with state and local activity via the Four-ing of the amendments, legal analysis of the cases, and, of course, philosophical considerations. In addition, I have introduced the study with a description of the Constitution?s regime principles ...
List of Abbreviations
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1. The Regime Principles of the Constitution
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...ment for submission to the thirteen states. Rhode Island sent no delegates, and two important leaders of the American Revolution was in London as ambassador to Great Britain. Two fiery patriots, ertheless, the Convention included illustrious participants, such verneur Morris of Pennsylvania, and especially James Madison of ...
2. The First Amendment and Religion
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Above all else, the text of the Constitution controls its inter-pretation, since it is the very purpose of a written constitution to define what power government officials have and how they are to exercise it, both in relation to one another and in relation to private citizens. Some provisions are so specific that they require little or ...
3. The Fourteenth Amendment and the First
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...ton in December 1865.? Though elected with Lincoln in 1864, the nally hoped, with initial indications of success, to win him to their cause. The rupture between the president and the Radicals was looming, but not yet definitive. The Radicals? plan for the possible, but against his will if necessary?focused on guarantees ...
4. Religious Establishment and Governmental Aid to Church-Related Schools
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...guarantees to individual citizens and their associations freedom of specifically religious activity or inactivity and freedom of re-ligiously inspired secular activity or inactivity, provided that exercise of those freedoms does not threaten substantial public interests. The second requires that the government be neutral in ...
5. Religious Establishment and Public Schools and Public Colleges
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...ed by public funds, as in Massachusetts, was religiously oriented and largely dominated by clerical authority. A transition, however, can thinkers as Benjamin Franklin and Thomas Jefferson, the goal public funds, and free of sectarian instruction, received increas-forces were also at work: the multiplication of Protestant sects, the ...
6. Religious Establishment and Other Questions
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...cruited military chaplains to provide for the spiritual needs of military personnel, especially in combat operations. There is an obvious secular civic interest in doing so. The government there-by redresses the lack of access to religious worship and counseling available to civilians that the government creates when it enrolls ...
7. The Free Exercise of Religion
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...of individual choice generally?namely, that the autonomous will of each individual constitutes what is good for that individual, cause it involves freedom, not because it involves religion, and because it insures civic peace in a pluralist society. But liberalism can be incorporated into a public philosophy that links freedom ...
8. Conscientious Objections to War
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The first conscientious objectors to military service in America and the Brethren. There were also smaller pacifist sects like the Shakers. They won recognition from colonial legislatures and ex-emption from militia duty. They were legally required but rarely forced to pay special taxes or hire substitutes in the course of In-...
9. Regulation of Religious Organizations and Personnel
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There is no doubt that the free exercise clause absolutely protects freedom of religious belief and the freedom to adhere to any re-to act in accord with one?s religious beliefs is not absolutely guar-anteed. Important secular public interests may run counter to re-ligiously motivated activities. Organizations? religious practices ...
10. Western Traditions of Conscience
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...of the term conscience in Western thought and to indicate promi-nent theories on the rights and duties of conscience in relation conscience has yet been discovered. Primitive societies did not speak of conscience, but they did appeal to the heart and loins to perspective of Western civilization, the Bible and Paul of Tarsus ...
Appendix. A Typology of Conflicts Between Individual Conscience and Public Law
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Table of Cases
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Abington School District v. Schempp, 374 U.S. 203 (1963), 76?79, 91, 105, 108?12, Arizona v. Christian School-Tuition Organization v. Winn, 131 S. Ct. 1436 (2011), 95nCantwell v. Connecticut, 310 U.S. 296 (1940), 71, 166?67, 220?21Chicago, Milwaukee, and St. Paul Railway Co. v. Minnesota, 134 U.S. 418 (1890), 69Christian Legal Society v. Martinez, 130 S. Ct. 2971 (2010), 137n...
Index of Names
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Index of Subjects
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Publication Year: 2013