The Free Exercise of Religion in America: Its Original Constitutional Meaning
Autor Ellis M. Westen Limba Engleză Hardback – 22 feb 2019
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Specificații
ISBN-13: 9783030060510
ISBN-10: 3030060519
Pagini: 354
Ilustrații: XIV, 317 p.
Dimensiuni: 148 x 210 mm
Greutate: 0.54 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Palgrave Macmillan
Locul publicării:Cham, Switzerland
ISBN-10: 3030060519
Pagini: 354
Ilustrații: XIV, 317 p.
Dimensiuni: 148 x 210 mm
Greutate: 0.54 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Palgrave Macmillan
Locul publicării:Cham, Switzerland
Cuprins
1. Introduction.- 2. Constitutional Rights and Ascertaining their Original Meaning.- 3. Setting the Stage.- 4. The Meaning of Religious Liberty in Virginia.- 5. The Meaning of Religious Liberty in the Other Southern States.- 6. The Meaning of Religious Liberty in the Middle States.- 7. The Meaning of Religious Liberty in the New England States.- 8. Initial Conclusion.- 9. The Constitutional Meaning of Religious Freedom: Part One.- 10. The Constitutional Meaning of Religious Freedom: Part Two.- 11. Final Conclusion.
Recenzii
“THE FREE EXERCISE OF RELIGION IN AMERICA: ITS ORIGINAL CONSTITUTIONAL MEANING is a tour de force. It will surely become the book from which future debate over the historical origins of the religion clauses, particularly the Free Exercise clause, begins. … THE FREE EXERCISE OF RELIGION IN AMERICA lands in our scholarly midst at a time of continuing political and legal struggles over the meaning of religious liberty.” (Andrew R. Murphy, Law and Politics Book Review, October, 2019)
Notă biografică
Ellis M. West is Emeritus Professor of Political Science at the University of Richmond, USA. His scholarship focuses on the religion clauses of the First Amendment, as they were originally understood and have been interpreted by the US Supreme Court.
Textul de pe ultima copertă
This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way.A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.
Caracteristici
Provides a definitive overview of the concept of "free exercise of religion" in the context of constitutional law Contributes to a better understanding of early American constitutional history Relies heavily on primary sources, while also taking into account a review of key relevant scholarship