- Additional Authors
- McConnell, Michael W.
- Description
- 1 online resource (226 pages) : illustrations.
- Summary
- "The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion," may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. This book details the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. This book shows how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations"--
- Series Statement
- Inalienable rights
- Uniform Title
- Agreeing to disagree (Online)
- Alternative Title
- Agreeing to disagree (Online)
- Subject
- Church and state > United States
- Bibliography (note)
- Includes bibliographical references (pages 193-214) and index.
- Access (note)
- Access restricted to authorized users.
- Contents
- Establishment of religion at the founding -- Framing the first amendment -- Disestablishment -- The establishment clause and the states -- The rise and fall of the Lemon test -- Accommodation of religious exercise -- Religion, schools, and funding -- Prayer and the question of coercion -- Conflicts over symbols -- Church autonomy and freedom of religious association -- Conclusion : neutrality beyond the establishment clause.
- LCCN
- 2023004785
- OCLC
- ssj0002845860
- Author
Chapman, Nathan S.
- Title
Agreeing to disagree [electronic resource] : how the establishment clause protects religious diversity and freedom of conscience / Nathan S. Chapman & Michael W. McConnell.
- Imprint
New York : Oxford University Press, [2023]
- Series
Inalienable rights
- Bibliography
Includes bibliographical references (pages 193-214) and index.
- Access
Access restricted to authorized users.
- Connect to:
- Added Author
McConnell, Michael W.