Ellis M. West

The Religion Clauses of the First Amendment (eBook, ePUB)

Guarantees of States' Rights?

• Format: ePub

Produktbeschreibung

The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

Produktdetails

• Verlag: Bloomsbury eBooks US
• Seitenzahl: 250
• Erscheinungstermin: 10. Juli 2012
• Englisch
• ISBN-13: 9780739146798
• Artikelnr.: 38223207

Autorenporträt

By Ellis M. West

Inhaltsangabe

Preface Introduction Clarification of the Issue The Origin of the
"Substantive" Versus "Jurisdictional" Terminology The Problem with the Word
"Substantive" The Problem with the Word "Jurisdictional" Must the Religion
Clauses Be Either Normative or Federalist? The Different Federalist
Interpretations of the Clauses A Critical Analysis of the Federalist
Interpretation An Overview of the Arguments An Assessment of the Arguments'
Logic The Ratification Debate and Proposed Religion Clauses The
Significance of the Debate Issues: What Kind of Laws Pertaining to Religion
Did Both Federalists and Anti-federalists Want to Prohibit, and Why? The
Views of the Federalists The Views of the Anti-federalists The Drafting of
the Religion Clauses The Role and Views of James Madison A Summary of What
Happened in the First Congress The Meaning of the Debate in the House on
August 15 Changes in the Wording of the Clauses The Final Wording of the
Establishment Clause The Relevance of Madison's Amendment to Protect
Religious Liberty in the States Summary Were the Framers Hopelessly Divided
over Government and Religion? The Case for Lack of Consensus An Assessment
of the Case for Lack of Consensus The Case for the Existence of Consensus
Conclusion The Early American Understanding of the Religion Clauses
Comments on the Clauses during Their Ratification Interpretations of the
Clauses by the Clergy Interpretations of the Clauses by Other Public
Figures Commentaries on the Constitution The Widespread Belief that the
Bill of Rights Applied to the States Jefferson and Madison's Interpretation
of the Clauses Conclusion The Federalist Interpretation of the Religion
Clauses: A Concluding Assessment