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Home > Law > Constitutional > The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses
The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses
by Hitchcock, James
 
 
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The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing.This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored.Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society.It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.


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Title of ebook: The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses
ISBN: 9781400826254
parent-ISBN: 9780691116969
Publisher: Princeton University Press
Internet download file size: 1619 kb
Pages: 232
Published: 09-2008
Released online for download: 09-02-2008
Author of eBook: Hitchcock, James
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The Supreme Court and Religion in American Life, Vol. 1

The Odyssey of the Religion Clauses

Chapter One

THE KINGDOM OF THIS WORLD

ONE OF THE INHERENT PARADOXES of religion is that most faiths enjoin a spirit of unworldliness, urging believers to look beyond earthly possessions in their search for ultimate reality, while at the same time all religions exist in the temporal order and can only manifest themselves through material realities. Hence organized religions have usually been quick to secure their property rights, justifying this on the grounds that material assets are necessary in order to witness the reality of the spiritual.

Most civil cases in the American judicial system involve disputes over property, and courts have perhaps been most comfortable when adjudicating issues that can be quantified in terms of wealth. It has been the Supreme Court's consistent policy, almost always followed, to ignore what could be called ideological issues in dealing with internal church disputes and to content itself with applying ecclesiastical rules in the ways such rules were apparently intended. Property cases, while perhaps not the most interestin ... read full excerpt from The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses ebook



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