Foreordained Failure
The Quest for a Constitutional Principle of Religious Freedom
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Product details:
- Publisher OUP USA
- Date of Publication 17 June 1999
- ISBN 9780195132489
- Binding Paperback
- No. of pages192 pages
- Size 229x154x13 mm
- Weight 290 g
- Language English 0
Categories
Short description:
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a useable principle of religious freedom. In this book, Professor Smith criticizes this entire project and explains how religion-clause debates have been based on misconceptions. The futility of modern efforts should prompt a reassessment of the nature of religious freedom.
MoreLong description:
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distil religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
a refreshingly clear and vigourous account
