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"The debate over religious lawmaking pits respect for religious pluralism against moral identity. Liberal theorists contend that religious lawmaking is generally suspect in a morally and religiously diverse polity like the United States, while communitarian theorists argue that lawmakers cannot, and should not, be expected to suppress their religious commitments in their public policy making." "Looking carefully at both sides of this ongoing debate,...
Author
Description
Public recognition of religion has been a part of American political life from the beginning of our country, and that is not going to change. But in recent years, the effort by some to challenge the long held separation of church and state by imposing religion in the public sphere has caused more harm than good. Goldberg argues that the gravest threat to real faith comes from those who would water down religion in order to win the dubious honor of...
Author
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The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.
Author
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"In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute--the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved...
Author
Description
America, it is often noted, is the most religious nation in the Western world. At the same time, many political leaders and opinionmakers have come to view any religious element in public discourse as a tool of the radical right for reshaping American society. In our sensible zeal to keep religion from dominating our politics, Stephen L. Carter argues, we have constructed political and legal cultures that force the religiously devout to act as if...
Author
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"The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments...
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