Download or read book Congressional Alternatives in the Wake of City of Boerne V Flores written by Daniel O. Conkle and published by . This book was released on 2007 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding by state and local governments. Based on an analysis of constitutional doctrine and a consideration of relevant constitutional policies, the article concludes that spending-power legislation might be not only the safest congressional response to Boerne, but also the most sensible and appropriate.
Download or read book Over the Wall written by Frank Guliuzza III and published by State University of New York Press. This book was released on 2000-01-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the Wall enters the extensive, and often heated, contemporary debates over both religion and politics and the desired relationship between church and state. Author Frank Guliuzza links the process of "secularization" with the Supreme Court's penchant for "separation," and argues that should policymakers desire to do something about the former, they need to reevaluate the latter. The book supplements the argument that, increasingly, there is evidence to demonstrate that religious people are not taken seriously in the marketplace of political ideas. That does not mean that religious people, particularly evangelical Christians, are not participating actively in politics. On the contrary, while religious believers are becoming ever more active in politics and political debate, they are taken less and less seriously. Guliuzza claims that this reaction to religious-based political expression is evidence of a concerted effort, though one that comes from multiple perspectives, to produce not simply a secular nation, but, rather, a secular society. Guliuzza describes the linkage between those who want to secularize and privatize public space with those who insist that the Constitution's establishment clause requires "separation"—separation of church from state, and separation of religion from that which is not religion. He argues that if one is serious about ending secularization, inasmuch as it impacts upon religious-based political participation, then one must look for a different approach to the establishment clause than that offered by the Supreme Court in Everson v Board of Education (1947) and Lemon v Kurtzman (1971). He considers the alternative approaches proffered in the literature and by those on the Court, and selects one: "authentic neutrality." Guliuzza asserts that by modifying the Court's approach to the establishment clause, there will be a substantial reduction in the negative consequences of secularization and separation.
Download or read book Congress Constitutional Role in Protecting Religious Liberty written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congress Constitutional Role in Protecting Religious Liberty written by Orrin G. Hatch and published by DIANE Publishing. This book was released on 2001-11 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Policy Making Law written by Mark Carlton Miller and published by Georgetown University Press. This book was released on 2004 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume proposes a new way of understanding the policymaking process in the United States by examining the complex interactions among the three branches of government, executive, legislative, and judicial. Collectively across the chapters a central theme emerges, that the U.S. Constitution has created a policymaking process characterized by ongoing interaction among competing institutions with overlapping responsibilities and different constituencies, one in which no branch plays a single static part. At different times and under various conditions, all governing institutions have a distinct role in making policy, as well as in enforcing and legitimizing it. This concept overthrows the classic theories of the separation of powers and of policymaking and implementation (specifically the principal-agent theory, in which Congress and the presidency are the principals who create laws, and the bureaucracy and the courts are the agents who implement the laws, if they are constitutional). The book opens by introducing the concept of adversarial legalism, which proposes that the American mindset of frequent legal challenges to legislation by political opponents and special interests creates a policymaking process different from and more complicated than other parliamentary democracies. The chapters then examine in depth the dynamics among the branches, primarily at the national level but also considering state and local policymaking. Originally conceived of as a textbook, because no book exists that looks at the interplay of all three branches, it should also have significant impact on scholarship about national lawmaking, national politics, and constitutional law. Intro., conclusion, and Dodd's review all give good summaries.
Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Download or read book The Cosmopolitan First Amendment written by Timothy Zick and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond US shores. It reveals a cosmopolitan First Amendment that protects cross-border conversation, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world, and encourages respectful engagement with the liberty regimes of other nations. The Cosmopolitan First Amendment is the product of historical, social, political, technological and legal developments. It examines the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and US speech and religious liberty models, and the conduct of international affairs and diplomacy.
Download or read book The Oxford Handbook of Church and State in the United States written by Derek H. Davis and published by Oxford University Press. This book was released on 2010-11-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.
Download or read book Federal Constitutions and International Relations written by John Trone and published by Macmillan. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of one of the most politically controversial issues in Australian law - the implementation of treaties by the federal government. Unique in Australian books on legal issues, this rigorous analysis of constitutional law examines relevant cases and legislation from Australia, Canada, the USA, Germany, Switzerland, Austria, Malaysia, and India. Including a comprehensive list of cases and a full index, this book will be of exceptional interest to practitioners, teachers and students of constitutional and international law.
Download or read book Temple Law Review written by and published by . This book was released on 2006 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Liberty Protection Act of 1998 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2000 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Columbia Law Review written by and published by . This book was released on 1999 with total page 1238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Yale Journal of International Law written by and published by . This book was released on 1999 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Law Review written by and published by . This book was released on 2001 with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Religious Freedom After Boerne V Flores written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1998 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Section Newsletters written by Association of American Law Schools and published by . This book was released on 1998 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
