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Religion and the American Constitutional Experiment 5th ed

ISBN13: 9780197587621
Previous Edition ISBN: 9780190459420
To be Published: December 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £25.99

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests.

Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

Other Jurisdictions , USA
List of Tables ix
Preface xi


1:The American Experiment in Historical Context
The First Millennium
The Papal Revolution
The Protestant Reformation
Religious Establishment versus Religious Freedom in Europe
Colonization and Experimentation

2:The Theology and Politics of the Religion Clauses
Puritan Views
Evangelical Views
Enlightenment Views
Civic Republican Views
Summary and Conclusions

3:The Essential Rights and Liberties of Religion
Liberty of Conscience
Free Exercise of Religion
Religious Pluralism
Religious Equality
Separation of Church and State
Disestablishment of Religion
Summary and Conclusions

4:Forging the First Amendment Religion Clauses
Religion and the Continental Congress
The 1787 Constitutional Convention
Ratification and Proposed Amendments
Drafting the First Amendment Religion Clauses
"Original Intent": Interpreting the Final Text
Summary and Conclusions

5:The Free Exercise of Religion: Mapping the Doctrinal Terrain
Bringing a Free Exercise Case
Factual Clusters of Free Exercise Cases
Shifting Standards of Review in Free Exercise Cases

6:First Amendment Religious Exercise, Expression, and Exemption
Free Exercise and Polygamy (1879- 1890)
Free Exercise and Conscientious Objection (1918- 1971)
Freedom and Equality of Religious Expression (1940- 2015)
Liberty of Conscience and Free Exercise Exemptions (1943- 1989)
Summary and Conclusions

7:The Free Exercise of Religion: Neutrality, Nondiscrimination, and Statutory Rights
Neutralizing the Free Exercise Clause (1982- 1990)
Neutrality and No State Discrimination Against Religion (1993- )
Neutrality and Nondiscrimination in State Aid to Religious Education
Neutrality and Nondiscrimination in the Time of Covid
State Neutrality in Balancing Religious Liberty and Sexual Liberty
Free Exercise of Religion as a Statutory Right (1993- )
RFRA Cases in the Supreme Court
RLUIPA Cases in the Supreme Court
Summary and Conclusions

8:Modern Establishment Law: Mapping the Doctrinal Terrain
Bringing an Establishment Clause Case
Mapping the Establishment Clause Cases
Neutrality and the Lemon Test
No Coercion
Equal Treatment/ Equal Access
History and Tradition
Summary and Conclusions

9:Religion and Public Education: No Establishment of Religion, But Equal Access for Religion
Separationist Cases (1948- 2000)
Equal Access Cases (1981- )
Limits on Equal Access?
Summary and Conclusions

10:Government and Religious Education: From Accommodation to Separation to Equality
Accommodationist Cases (1908- 1977)
Separationist Cases (1971- 1985)
Equal Treatment Cases (1983- 2002)
Statutes, Free Exercise, and Equal Access Rights (2004- )
Summary and Conclusions

11:Religion and Public Life
Sabbath Day Rules 282
Legislative Chaplains and Prayers
Religious Symbols
Patterns and Principles
Summary and Conclusions

12:The Freedoms of Religious Organizations
Religious Polity and Structures
Religious Structures
Legal Structures
Religious Property Disputes
Standard Legal Principles (1815- 1914)
Deference (1872- 1976)
Neutral Principles (1979- )
Labor and Employment
Social Services and Taxation
Social Services
Summary and Conclusions

Concluding Reflections
Signs of Trouble
Enduring Principles, New Applications

Appendix 1: Drafts of Federal Religion Clauses (1787- 1789)
Appendix 2: United States Supreme Court Decisions Relating to Religious Liberty (1815- 2021)