The Evangelical Origins of the Living Constitution

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Release : 2014-03-17
Genre : Political Science
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Book Rating : 898/5 ( reviews)

The Evangelical Origins of the Living 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 The Evangelical Origins of the Living Constitution write by John W. Compton. This book was released on 2014-03-17. The Evangelical Origins of the Living Constitution available in PDF, EPUB and Kindle. 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 of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.

The Evangelical Origins of the Living Constitution

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Release : 2014-03-10
Genre : Political Science
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Book Rating : 88X/5 ( reviews)

The Evangelical Origins of the Living 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 The Evangelical Origins of the Living Constitution write by John W. Compton. This book was released on 2014-03-10. The Evangelical Origins of the Living Constitution available in PDF, EPUB and Kindle. John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.

The Biblical Roots of American Constitutionalism

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Release : 2021-04-14
Genre : Law
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Book Rating : 229/5 ( reviews)

The Biblical Roots of American Constitutionalism - 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 The Biblical Roots of American Constitutionalism write by Joseph Livni. This book was released on 2021-04-14. The Biblical Roots of American Constitutionalism available in PDF, EPUB and Kindle. According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.

Religious Freedom and the Constitution

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Release : 2010-04-10
Genre : Political Science
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Book Rating : 457/5 ( reviews)

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.

The Upside-Down Constitution

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Release : 2012-02-29
Genre : Political Science
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Book Rating : 910/5 ( reviews)

The Upside-Down 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 The Upside-Down Constitution write by Michael S. Greve. This book was released on 2012-02-29. The Upside-Down Constitution available in PDF, EPUB and Kindle. Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.