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Product details:
- Publisher OUP USA
- Date of Publication 12 November 2020
- ISBN 9780190699734
- Binding Hardback
- No. of pages240 pages
- Size 135x211x25 mm
- Weight 386 g
- Language English 162
Categories
Short description:
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
MoreLong description:
Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead.
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes.
Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.
A key point in their argument relies upon the drastic change from the America of the founding era to the America of the twenty-first century. They accurately point out that current American society is comprised of much more diverse religious groups.
Table of Contents:
Preface
Chapter 1. The Competing Perspectives of the Religion Clauses
Chapter 2. The Concerns of the Founders
Chapter 3. The Establishment Clause: In Defense of Separating Church and State
Chapter 4. The Free Exercise of Religion: Guarding Against Religious Animus But Defending Neutral Laws of General Applicability
Chapter 5. Why Separation Is Not Hostility
Notes
Index
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