Religion And the Constitution

by
Edition: 2nd
Format: Hardcover
Pub. Date: 2006-07-30
Publisher(s): Wolters Kluwer
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Summary

Refresh your course in Religious Liberty, Religion And The Constitution, or Religious Institutions And The Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it examines the relationship between government and religion within the framework of the Constitution. This class-tested casebook: features exceptional authors who are well-known for their scholarship places current debates in the context of broad recurring themes: free exercise of religion in the face of government regulation, government financial assistance to religious institutions, And The role of religion in government institutions, such as schools uses notes and questions to connect constitutional and religious history to current constitutional issues combines notes and problems to stimulate deeper understanding And The application of knowledge to new issues focuses on the interrelation between free exercise and establishment clauses promotes in-depth case analysis by the use of lightly edited classic and current cases The Second Edition incorporates the many changes in the field: a substantially revised section on "The Power of the Purse" considers the latest developments regarding school vouchers ( Zelman ), state "Blaine Amendments" ( Locke v. Davey ), funding of social services (e.g. The Bush Administration's "faith-based initiative"), and "strings" attached to government aid the section on tort claims against religious institutions reflects recent issues arising out of sexual-abuse cases new Supreme Court and key lower-court decisions in all areas appear throughout the book

Table of Contents

Preface xvii
Acknowledgments xxi
Introduction
1(14)
The Religion Clauses and Underlying Values: The Case of Sabbath Observances
3(9)
Estate of Thornton v. Caldor, Inc.
7(5)
The Case of Public School Prayers
12(3)
History
15(70)
The Theory and Practice of Religious Establishments
15(14)
Constitution of Massachusetts (1780)
17(1)
Barnes v. First Parish in Falmouth
18(5)
Thomas Hobbes, Leviathan
23(6)
Major Influences on the Idea of Religious Liberty
29(16)
John Witte, Jr., The Essential Rights and Liberties of Religion in the American Constitutional Experiment
29(7)
Elisha Williams, The Essential Rights and Liberties of Protestants
36(2)
John Locke, A Letter Concerning Toleration
38(3)
George Washington, Farewell Address
41(1)
George Washington, Letter to the Religious Society Called Quakers
42(1)
Thomas Jefferson, Letter to a Committee of the Danbury Baptist Association
42(1)
Thomas Jefferson, Notes on the State of Virginia
43(2)
The Virginia Assessment Controversy
45(11)
Virginia Declaration of Rights (1776)
45(2)
A Bill Establishing a Provision for Teachers of the Christian Religion
47(2)
James Madison, Memorial and Remonstrance Against Religious Assessments
49(5)
A Bill for Establishing Religious Freedom
54(2)
The Constitutional Provisions
56(29)
Framing the First Amendment
56(2)
Annals of Congress, Aug. 15, 1789
58(2)
Journal of the First Session of the Senate of the United States of America, Sept. 3, 1789
60(1)
Senate Journal, Sept. 9, 1789
60(1)
Annals of Congress, Aug. 17, 1789
61(1)
Issues Concerning Establishment
62(3)
Issues Concerning Free Exercise
65(2)
Perspectives and Developments in the Early Republic
67(1)
James Madison, Detached Memorandum
67(4)
Incorporation in the Fourteenth Amendment
71(1)
Permoli v. New Orleans
71(3)
Elk Grove Unified School District v. Newdow
74(2)
School District of Abington Township v. Schempp
76(3)
Robert Nozick, Anarchy, State, and Utopia
79(2)
State of Oregon v. City of Rajneeshpuram
81(4)
Religion in the Regulatory State
85(254)
Free Exercise: Is Accommodation Required?
86(76)
The Historical Debate
86(1)
Michael W. McConnell, The Origins and Historical Understanding of Free Exercise of Religion
87(7)
Philip A. Hamburger, A Constitutional Right of Religious Exemption: An Historical Perspective
94(9)
The First Free Exercise Cases
103(1)
People v. Philips
103(6)
Simon's Executors v. Gratz
109(2)
Belief and Conduct: The Mormon Cases
111(2)
Reynolds v. United States
113(6)
Davis v. Beason
119(2)
The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States
121(2)
Modern Exemptions
123(1)
Sherbert v. Verner
124(9)
Wisconsin v. Yoder
133(4)
The Demise of Exemptions
137(1)
Employment Division v. Smith
137(9)
William P. Marshall, In Defense of Smith and Free Exercise Revisionism
146(3)
Michael W. McConnell, A Response to Professor Marshall
149(1)
Responses After Smith: Federal Religious Freedom Legislation, State Legislation, and State Constitutional Rulings
150(1)
City of Boerne v. Flores
150(12)
Current Free Exercise Litigation
162(63)
Free Exercise Under Smith: Neutrality and General Applicability
162(1)
Church of the Lukumi Babalu Aye v. City of Hialeah
162(4)
Rader v. Johnston
166(1)
Fraternal Order of Police v. City of Newark
167(9)
Issues Under Heightened Free Exercise Scrutiny
176(1)
What Is a ``Burden''?
176(1)
Braunfeld v. Brown
176(7)
Lyng v. Northwest Indian Cemetery Protective Association
183(9)
Sincerity and Consistency
192(1)
United States v. Ballard
193(6)
Governmental Justifications
199(1)
General Methodology
199(1)
United States v. Lee
199(3)
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal
202(10)
Paternalistic Justifications
212(1)
Baumgartner v. First Church of Christ, Scientist
212(5)
Swann v. Pack
217(8)
The Establishment Clause: Is Accommodation Permitted?
225(57)
Introduction: The ``Clash'' Between the Clauses
226(1)
The ``Clash'' and the Lemon v. Kurtzman Test
226(1)
Thomas v. Review Board
226(5)
The Historical Understanding
231(1)
Annals of Congress, Aug. 17, 20, 1789
232(2)
Other General Questions About Accommodation
234(4)
Current Doctrine
238(1)
Cutter v. Wilkinson
239(4)
Texas Monthly v. Bullock
243(8)
Denominational Neutrality
251(1)
Larson v. Valente
251(1)
Board of Education, Kiryas Joel Village School District v. Grumet
252(14)
Pervasive Governmental Presence
266(1)
Cruz v. Beto
266(2)
Katcoff v. Marsh
268(9)
Rigdon v. Perry
277(5)
Institutional Religion
282(57)
Formation of Churches
283(1)
Religious Structures
283(1)
Secular Structures
284(2)
First Amendment Concerns
286(1)
Terrett v. Taylor
286(3)
Madison's Veto Message
289(2)
Mazaika v. Krauczunas
291(4)
Internal Church Disputes: Principles of Institutional Autonomy
295(1)
Church Property Disputes
296(1)
Watson v. Jones
296(4)
Jones v. Wolf
300(7)
Other Principles of Church Autonomy: Clergy Disputes
307(2)
Churches as Employers
309(2)
Combs v. Central Texas Annual Conference of the United Methodist Church
311(12)
Torts by Churches
323(1)
Nally v. Grace Community Church of the Valley
323(4)
Moses v. Diocese of Colorado
327(12)
The Power of the Purse
339(132)
Introduction: Government Aid in Modern Times and in the Founding Generation
339(16)
Everson v. Board of Education
340(12)
Board of Education v. Allen
352(3)
The Historical Struggle over Nonpublic Education: Subsidy or Suppression?
355(17)
Before the Civil War
355(1)
John C. Jeffries, Jr., and James E. Ryan, A Political History of the Establishment Clause
356(4)
After the Civil War
360(1)
Reconstruction
360(1)
The Blaine Amendment
360(6)
Continued Conflict
366(1)
Pierce v. Society of Sisters
367(1)
Brief for the Governor of Oregon in Pierce v. Society of Sisters
368(4)
The Lemon Approach: No Aid to Religious Teaching
372(26)
The Basic Decisions
372(1)
Lemon v. Kurtzman
372(9)
Committee for Public Education v. Nyquist
381(7)
Lemon Applied: Different Forms of Aid, Different Institutions
388(1)
Forms of Aid to Nonpublic Schools
388(4)
Distinctions Among Institutions
392(1)
Hospitals
392(3)
Universities
395(2)
Social Service Organizations
397(1)
The New Approach: The Permissibility of ``Neutral'' Aid
398(37)
The Rise of Neutrality: ``Private Choice'' Programs of Aid
399(1)
Witters v. Washington Dept. of Services for the Blind
399(4)
Zelman v. Simmons-Harris
403(14)
``Direct'' Aid: The First (?) Overrulings
417(1)
Mitchell v. Helms
417(18)
State Restrictions on Aid to Religion: Is Neutrality Constitutionally Required?
435(13)
Rosenberger v. Rector and Visitors of Univ. of Virginia
435(3)
Locke v. Davey
438(10)
Ongoing Controversies over Government Aid
448(23)
``Strings'' on Government Aid
448(1)
Dodge v. The Salvation Army
448(5)
Grove City College v. Bell
453(3)
Bob Jones University v. United States
456(3)
Religious Social Services and the ``Faith-Based Initiative'' Debate: Issues of Government Aid and Religious Autonomy
459(2)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
461(2)
Does Aid to Faith-Based Charities Violate the Establishment Clause?
463(2)
Freedom from Religion Foundation v. McCallum
465(4)
Do ``Strings on Aid'' Violate Religious Autonomy?
469(2)
Religion and the Government's Influence on Culture
471(240)
Efforts to Create a Public Culture
472(122)
Compelled Statements of Belief: Test Oaths and Others
473(1)
Torasco v. Watkins
473(4)
Commonwealth v. Cooke
477(2)
Board of Education v. Barnette
479(4)
Official Prayers and Religious Exercises in Public Schools: The Modern Decisions
483(1)
The Basic Decisions
484(1)
Engel v. Vitale
484(2)
Abington School District v. Schempp
486(10)
The Reaffirmation (Extension?) of the School-Prayer Decisions
496(1)
Wallace v. Jaffree
496(2)
Lee v. Weisman
498(12)
Public Religious Displays
510(1)
Creches (and Other Holiday Symbols)
510(1)
Lynch v. Donnelly
510(9)
County of Allegheny v. ACLU
519(5)
Ten Commandments Displays, and History Revisited
524(1)
McCreary County v. American Civil Liberties Union
524(13)
Van Orden v. Perry
537(9)
School Curriculum Issues: Evolution and Creationism
546(2)
Epperson v. Arkansas
548(7)
Edwards v. Aguillard
555(6)
Challenges to the Public School Curriculum
561(1)
Mozert v. Hawkins County Board of Education
561(13)
Alternatives to Public Education
574(1)
Kentucky State Board for Elementary and Secondary Education v. Rudasill
575(5)
Wisconsin v. Yoder
580(7)
Sunday Closing Laws
587(2)
McGowan v. Maryland
589(5)
Regulation of Private Religious Speech
594(56)
Free Speech Principles
595(2)
Government as Regulator
597(1)
Prior Restraints
597(1)
Lovell v. City of Griffin
597(2)
Overbreadth and Vagueness
599(1)
Content Discrimination
599(1)
Peck v. Sony Music Corp.
600(5)
Government as Property Owner: ``Forum'' Law
605(1)
Commonwealth v. Davis
605(2)
International Society for Krishna Consciousness v. Lee
607(4)
Religious Free Speech: Does Free Exercise Add More Protection?
611(1)
Murdock v. Pennsylvania
611(5)
Heffron v. International Society for Krishna Consciousness
616(6)
Religious Speech in Public Forums: Does the Establishment Clause Require Greater Restrictions?
622(1)
Widmar v. Vincent
622(6)
Capitol Square Review & Advisory Board v. Pinette
628(6)
Religious Speech in Public Schools
634(1)
Board of Education v. Mergens
634(7)
Good News Club v. Milford Central School
641(9)
The Line Between Government Speech and Private Speech
650(15)
Santa Fe Independent School District v. Doe
651(10)
Guidelines on Religious Exercise and Religious Expression in the Federal Workplace
661(4)
Religion and Democracy
665(46)
Religious Voices in Politics: Case Law
665(1)
Lemon v. Kurtzman
665(1)
McDaniel v. Paly
666(2)
Roe v. Wade
668(1)
Harris v. McRae
668(1)
Webster v. Reproductive Health Services
669(2)
Bowers v. Hardwick
671(1)
Lawrence v. Texas
672(1)
Atkins v. Virginia
672(1)
Clayton v. Place
673(4)
Religious Voices in Politics: Commentary
677(1)
Robert Audi, The Place of Religious Argument in a Free and Democratic Society
677(3)
Michael W. McConnell, Five Reasons to Reject the Claim that Religious Arguments Should Be Excluded from Democratic Deliberation
680(6)
Religion and Judicial Decision Making
686(1)
Idaho v. Freeman
686(8)
Institutional Participation in Policy Making
694(1)
Branch Ministries v. Rossotti
695(9)
Larkin v. Grendel's Den
704(7)
What is ``Religion''?
711(32)
The Draft Cases
712(13)
United States v. Seeger
712(7)
Welsh v. United States
719(6)
Defining Religion in Other Contexts
725(18)
Smith v. Board of School Commissioners
725(5)
Malnak v. Yogi
730(13)
Table of Cases 743(4)
Table of Statutes 747(4)
Table of Authorities 751(10)
Index 761

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