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Home > Law > Constitutional > The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples"
The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples"
by Hitchcock, James
 
 
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The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples"
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 second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored.Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed.This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed.Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

Title of ebook: The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples"
ISBN: 9781400826261
parent-ISBN: 9780691119236
Publisher: Princeton University Press
Internet download file size: 2167 kb
Pages: 272
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

Volume II, from "Higher Law" to "Sectarian Scruples"

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 apparen ... read full excerpt from The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples" ebook



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