The Constitution of South Carolina: Church and state, morality and free expression

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Univ of South Carolina Press, 1986 - 441 páginas

In this volume Professor Underwood considers the constitutional doctrines that address the separation of church and state and the free exercise of religion. These doctrines are treated in historical and contemporary contexts extending from early colonial times to the most recent disputes over freedom of religion. The interaction of state and federal constitutional law is considered in detail. Underwood examines leading state and colonial cases and statutes and cites pivotal United States Supreme Court cases that have had an impact on South Carolina law.

Among the issues discussed are Sunday Blue Laws, state financial contributions to religious groups, unorthodox forms of worship, and religion in the public schools. Many of the topics covered not only have deep historical roots but also are the subjects of contemporary public debate, legislation, and litigation. Issues such as prayer in the schools, itinerant evangelism, and physically dangerous forms of worship, such as those involving drug use, are constantly in the headlines. In a key chapter, the author explores the debate over the various patterns that the relationship between church and state authorities can take.

In the final section, Professor Underwood examines free expression issues which have been closely related to church and state disputes. This portion focuses specifically on state obscenity laws, provisions regulating personal morality. The discussion begins with early nineteenth-century cases and statutes and ends with the most recent cases and statuatory amendments.

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Contenido

The Charters and the Fundamental
3
Erecting the Administrative Machinery
19
Religious Qualifications for Participation
29
The Demise of the Established Church
56
The Lords Day
90
South Carolina Constitutional Provisions
166
Freedom of the Unorthodox
200
NonCoercive Violations of
263
Patterns of Church and State
297
The Regulation of Obscenity
308
K Circumvention of Search
360
Table of Cases
410
Index
423
Derechos de autor

Términos y frases comunes

Acerca del autor (1986)

James Lowell Underwood received his Ph.D. in 1962 from Emory University and his LL.M. in 1966 from Yale University. He is currently the Strom Thurmond Professor of Law at the University of South Carolina, where he has taught at the School of Law since 1966.

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