Congressional Alternatives in the Wake of City of Boerne V. Flores - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congressional Alternatives in the Wake of City of Boerne V. Flores write by Daniel O. Conkle. This book was released on 2007. Congressional Alternatives in the Wake of City of Boerne V. Flores available in PDF, EPUB and Kindle. 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.
Over the Wall
Over the Wall - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Over the Wall write by Frank Guliuzza III. This book was released on 2000-01-27. Over the Wall available in PDF, EPUB and Kindle. 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.
Congress' Constitutional Role in Protecting Religious Liberty
Congress' Constitutional Role in Protecting Religious Liberty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congress' Constitutional Role in Protecting Religious Liberty write by United States. Congress. Senate. Committee on the Judiciary. This book was released on 1998. Congress' Constitutional Role in Protecting Religious Liberty available in PDF, EPUB and Kindle.
Congress Constitutional Role in Protecting Religious Liberty
Congress Constitutional Role in Protecting Religious Liberty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congress Constitutional Role in Protecting Religious Liberty write by Orrin G. Hatch. This book was released on 2001-11. Congress Constitutional Role in Protecting Religious Liberty available in PDF, EPUB and Kindle.
Religious Freedom and the Constitution
Religious Freedom and the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Religious Freedom and the Constitution write by Christopher L. Eisgruber. This book was released on 2010-04-10. Religious Freedom and the Constitution available in PDF, EPUB and Kindle. 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.
