congress the supreme court and religious liberty the case of city of boerne v flores

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Congress The Supreme Court And Religious Liberty

Author : J. Waltman
ISBN : 9781137300645
Genre : Social Science
File Size : 26. 86 MB
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In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?

Congress Constitutional Role In Protecting Religious Liberty

Author : United States. Congress. Senate. Committee on the Judiciary
ISBN : 0160563518
Genre : Law
File Size : 79. 62 MB
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Narrowing The Nation S Power

Author : John T. Noonan Jr.
ISBN : 052093766X
Genre : History
File Size : 89. 4 MB
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Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

The Constitution Religion

Author : Robert S. Alley
ISBN : UOM:39015047719151
Genre : Law
File Size : 37. 52 MB
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This superb collection chronicles the most important Supreme Court cases on church-state relations over the past three decades. It includes extensive coverage of the Court's major decisions concerning prayer in state legislatures, the pledge of allegiance, display of the Ten Commandments in public buildings, religious displays on public property, school prayer, vouchers for religious schools, religion in science class, and much more. Beginning with a carefully prepared historical overview, which places the first amendment in the context of 18th-century debates over religious freedom, Robert Alley offers a fresh analysis of the amendment's origins. He then presents fifty recent and historical cases without editorial comment, permitting readers to arrive at their own individual interpretations. In addition to the text of the majority decision, each case is followed by the vote of the justices as well as selected dissenting opinions. Unlike news accounts and other texts, this unique volume is the only objective presentation of the justices' decisions, in the Court's own words, and it includes the entire canon of subjects that bear the label "church and state". This clearly written, accessible book will be valuable for classroom use, as a library resource, and as an excellent introductory reader for anyone interested in what the Supreme Court has decided on religion in public places and schools.

Congress Constitutional Role In Protecting Religious Liberty

Author : Orrin G. Hatch
ISBN : 0756716276
Genre :
File Size : 55. 9 MB
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The Supreme Court And American Democracy

Author : Earl E. Pollock
ISBN : 9780313365256
Genre : Law
File Size : 43. 46 MB
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Topically arranged casebook of U.S. Supreme Court decisions with extensive commentary dissects the Court's decisions on current "hot-button" national policy issues.

Collected Works On Religious Liberty Vol 1

Author : Douglas Laycock
ISBN : 9780802864659
Genre : Law
File Size : 38. 44 MB
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One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers toprivate school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.

Foreordained Failure

Author : Steven D. Smith
ISBN : 9780195132489
Genre : Law
File Size : 59. 20 MB
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Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.

Illustrated Great Decisions Of The Supreme Court

Author : Tony Mauro
ISBN : 9781452267333
Genre : Political Science
File Size : 73. 37 MB
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Acclaimed by researchers, students, and general readers, this informative, lively, and easy-to-use volume fills the public need for information about key recent and historical cases before the U.S. Supreme Court. Now significantly updated, this new edition includes all the new major cases-over twenty five in total-handed down by the Court since the first edition was published in 2000. The new entries include many high-profile cases that have stirred public controversy, including: Boy Scouts of America v. Dale (2000), granting the right to exclude homosexuals from leadership positions in the Boy Scouts; Bush v. Gore (2000), ceasing ballot recounts in the 2000 presidential election; PGA Tour v. Martin (2001), obliging the PGA to accommodate a disabled golfer; Lawrence v. Texas (2003), stating that a law criminalizing same-sex sodomy violates due process; Gratz/Grutter v. Bollinger (2003), stating that an affirmative action program to achieve diversity in universities may or may not violate the equal protection clause, depending on how it's implemented. In each of the over 100 cases summarized, author Tony Mauro succinctly describes the decision, provides background and facts of the case, the vote and highlights of the decision with verbatim excerpts, and, in conclusion, discusses the long-term impact of the decision on United States citizens and U.S. society. Topic search aids let readers easily trace the evolution and impact of rulings in particular issue areas. Added features also enhance the volume, including many new portraits, political cartoons, and drawings, a comprehensive bibliography and an easy-to-access case/subject index. A perfect starting point for research on Supreme Court decisions, this newly updated volume is an essential addition to every public, high school, and college library.

That Godless Court

Author : Ronald Bruce Flowers
ISBN : 0664228917
Genre : Religion
File Size : 60. 34 MB
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The religion clauses of the First Amendment, which seem simple and clear, have been and continue to be controversial in their application. Church-state issues have never been more complex, controversial, and divisive than they are today. In this helpful and instructive book, Ronald B. Flowers explains clearly and concisely the intricacies and implications of Supreme Court decisions in the volatile area of church-state relations. This is an ideal primer for those Americans who have listened to the debates about what the Supreme Court has and has not said about the relationship between church and state, and where the boundaries between the two have been eroded. It is also ideal for use in the classroom, specifically in undergraduate courses in religion and the court, introductions to U.S. constitutional law, constitutional law and politics, and the Supreme Court. The book is also a helpful tool for pastors, clarifying contemporary church-state issues that impact their churches and parishioners directly and indirectly.

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