Constitutional Debates on Freedom of Religion: A Documentary History

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John I. Patrick, John J. Patrick, Gerald P. Long
Greenwood Publishing Group, 1999 - 335 páginas


Debates over the separation or accommodation of religion and government have divided Americans since the founding of our country and continue to echo in governmental chambers today, as people argue sharply and heatedly about the exact meaning and correct applications of First Amendment clauses on religious establishment and free exercise of religion. Students can trace the history and development of these arguments, as well as the reactions to them, through this unique collection of over 70 primary documents. Court cases and other documents bring to life the controversies surrounding the issues. Explanatory introductions to documents aid users in understanding the various arguments put forth, while illuminating the significance of each document.

Patrick and Long trace the origins and changes in the nature of the debates surrounding the issue of freedom of religion using carefully chosen court cases and other documents to reflect the fact that the Court's decision has not always ended public controversy about the relationships between church and state or religion and government. Indeed, especially in recent years, the Court's decisions in some cases have exacerbated old tensions and generated new issues. The focus throughout is on the connection between the U.S. Constitution and freedom of religion. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being litigated, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning freedom of religion.

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Páginas seleccionadas

Contenido

Wisconsin v Yoder 1972
107
Heffron v International Society for Krishna Consciousness 1981
112
United States v Lee 1982
116
Bob Jones University v United States 1983
119
Goldman v Weinberger 1986
122
Lyng v Northwest Indian Cemetery Protective Association 1988
125
Employment Division Department of Human Resources of Oregon v Smith 1990
130
The Constitutional Prohibition of an Establishment of Religion 17911991
137

Rhode Island Charter July 8 1663
15
The Great Case of Liberty of Conscience William Penn 1670
16
Great Law of Pennsylvania December 7 1682
17
A Letter Concerning Toleration John Locke 1689
19
Charter of Privileges of Pennsylvania Granted by William Penn October 28 1701
22
Letter to the Society for the Propagation of the Gospel The Reverend Thomas Barton November 8 1762
23
An Appeal to the Public for Religious Liberty The Reverend Isaac Backus 1773
24
Religious Liberty in the Founding of the United States 17761791
29
The Virginia Declaration of Rights June 12 1776
36
Articles on Religion in the Pennsylvania Declaration of Rights and Constitution 1776
38
Articles on Religion in the Maryland Declaration of Rights 1776
40
The Massachusetts Declaration of Rights 1780
41
Liberty of Worship in America Hector St John de Crevecoeur 1782
43
An Argument for Religious Liberty in Notes on the State of Virginia Thomas Jefferson 1782
44
Letter on the Selection of a Roman Catholic Bishop in the United States of America Father John Carroll February 27 1785
46
Memorial and Remonstrance Against Religious Assessments James Madison June 20 1785
48
The Virginia Statute for Religious Freedom Thomas Jefferson January 16 1786
53
Article VI of the United States Constitution 1787
55
An Argument Against a Religious Test for Public Office Oliver Ellsworth December 17 1787
56
The Federalist 51 Publius James Madison February 6 1788
58
Speech on Rights in the US House of Representatives James Madison June 8 1789
60
Discussion in the House of Representatives on Constitutional Guarantees of Religious Liberty August 15 1789
63
Action in the Senate on Constitutional Guarantees of Religious Liberty September 3 and 9 1789
66
Clauses on Religion in the First Amendment of the United States Constitution December 15 1791
67
The Constitutional Right to Free Exercise of Religion 17911991
69
Reynolds v United States 1879
76
Pierce v Society of the Sisters of the Holy Names of Jesus and Mary 1925
78
Cantwell v Connecticut 1940
80
West Virginia State Board of Education v Barnette 1943
83
Murdoch v Commonwealth of Pennsylvania 1943
88
United States v Ballard 1944
91
Prince v Commonwealth of Massachusetts 1944
95
Braunfeld v Brown 1961
97
Sherbert v Venter 1963
101
Welsh v United States 1970
104
Everson v Board of Education of Ewing Township 1947
145
Zorach v Clauson 1952
151
McGowan v Maryland 1961
156
Engel v Vitale 1962
160
School District of Abington Township Pennsylvania v Schempp 1963
164
Board of Education of Central School District No 1 v Allen 1968
169
Walz v Tax Commission of the City of New York 1970
174
Lemon v Kurtzman Superintendent of Public Instruction of Pennsylvania 1971
178
Meek v Pittenger 1975
183
Wolman v Walter 1977
188
Mueller v Allen 1983
195
Marsh v Chambers 1983
200
The Equal Access Act 1984
204
Wallace v Jaffree 1985
206
Aguilar v Felton 1985
216
Edwards v Aguillard 1987
220
Allegheny County v American Civil Liberties Union Greater Pittsburgh Chapter 1989
225
Board of Education of the Westside Community Schools v Mergens 1990
234
Constitutional Issues on Freedom of Religion 19911998
245
Lee v Weisman 1992
249
Lambs Chapel v Center Moriches Union Free School District 1993
260
Church of the Lukumi Babalu Aye Inc v City of Hialeah 1993
264
Zobrest v Catalina Foothills School District 1993
270
Religious Freedom Restoration Act 1993
275
Board of Education of Kiryas Joel Village School District v Grumet 1994
278
Rosenberger v University of Virginia 1995
285
Capitol Square Review and Advisory Board v Pinette 1995
292
President Clintons Statement on Religious Expression in Public Schools July 13 1995
299
Agostini v Felton 1997
304
City of Boerne v Flares 1997
310
Religious Diversity in the United States of America 1998
321
Categorical Listings of US Supreme Court Cases Treated in This Volume
325
Glossary
329
Index
331
Derechos de autor

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Pasajes populares

Página 147 - establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another.
Página 86 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.
Página 72 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Página 38 - That government is, or ought to be, instituted for the common benefit, protection, and security, of the people, nation, or community...
Página 58 - It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part.
Página 14 - It is therefore ordered, That every township in this jurisdiction, after the Lord hath increased them to the number of fifty householders, shall then forthwith appoint one within their town to teach all such children as shall resort to him to write and read, whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in general, by way of supply, as the major part of those that order the prudentials of the town shall (appoint...
Página 18 - That all persons living in this province who confess and acknowledge the one almighty and eternal God to be the creator, upholder, and ruler of the world...
Página 77 - Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order.
Página 194 - No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.
Página 38 - ... of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when...

Acerca del autor (1999)

JOHN J. PATRICK is Director of the Social Studies Development Center and Professor of Education at Indiana University, Bloomington. He is the editor of Founding the Republic: A Documentary History (Greenwood, 1995) and the author of How to Teach the Bill of Rights.

GERALD P. LONG is a teacher of history and government at Brown County High School in Nashville, IN. He is the author of Constitutional Rights of Juveniles and Students: Lessons on Sixteen Supreme Court Cases.

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