| |
| |
| Tables, Figures, and Appendices | |
| |
| |
| Preface | |
| |
| |
| Introduction | |
| |
| |
| |
| The American Experiment in Historical Context | |
| |
| |
| The First Millennium | |
| |
| |
| The Papal Revolution | |
| |
| |
| The Protestant Reformation | |
| |
| |
| Religious Establishment versus Religious Freedom | |
| |
| |
| Colonization and Experimentation | |
| |
| |
| |
| The Theology and Politics of the Religion Clauses | |
| |
| |
| Puritan Views | |
| |
| |
| Evangelical Views | |
| |
| |
| Enlightenment Views | |
| |
| |
| Republican Views | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| The Essential Rights and Liberties of Religion | |
| |
| |
| Liberty of Conscience | |
| |
| |
| Free Exercise of Religion | |
| |
| |
| Religious Pluralism | |
| |
| |
| Religious Equality | |
| |
| |
| Separation of Church and State | |
| |
| |
| Disestablishment of Religion | |
| |
| |
| Interdependence of Principles | |
| |
| |
| |
| Forging the First Amendment Religion Clauses | |
| |
| |
| Religion and the Continental Congress | |
| |
| |
| The 1787 Constitutional Convention | |
| |
| |
| Ratification and Proposed Amendments | |
| |
| |
| Drafting the First Amendment Religion Clauses | |
| |
| |
| "Original Intent": Interpreting the Final Text | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Religious Liberty in the States Before 1947 and the Creation of a New National Law on Religious Liberty | |
| |
| |
| Liberty of Conscience and Free Exercise | |
| |
| |
| Religious Pluralism and Equality | |
| |
| |
| Separation of Church and State | |
| |
| |
| No Establishment of Religion | |
| |
| |
| Faith, Freedom, and the Frontier | |
| |
| |
| Fundamental Religious Liberty and Incorporation | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| The Free Exercise of Religion | |
| |
| |
| Mapping Free Exercise Doctrine | |
| |
| |
| Free Exercise and Polygamy (1879-1890) | |
| |
| |
| Free Exercise and Conscientious Objection (1918-1971) | |
| |
| |
| Freedom and Equality of Religious Expression (1940-2002) | |
| |
| |
| Liberty of Conscience and Free Exercise Exemptions (1943-1989) | |
| |
| |
| Neutralizing the Free Exercise Clause (1982-1993) | |
| |
| |
| Free Exercise in the Age of Statutes | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Modern Establishment Law: Mapping the Doctrinal Terrain | |
| |
| |
| Bringing an Establishment Clause Case | |
| |
| |
| Mapping the Establishment Clause Cases | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Religion and Public Education: No Establishment of Religion, but Equal Access for Religion | |
| |
| |
| Separationist Cases (1948-1987) | |
| |
| |
| Equal Access Cases (1981-2001) | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Government and Religious Education: Accommodation, Separation, and Equal Treatment | |
| |
| |
| Accommodationist Cases (1908-1986) | |
| |
| |
| Separationist Cases (1971-1985) | |
| |
| |
| Equal Treatment Cases (1983-2004) | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Religion and Public Life | |
| |
| |
| Sabbath Day Rules (1961) | |
| |
| |
| Legislative Chaplains (1983) | |
| |
| |
| Religious Symbols (1984-2010) | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Religious Organizations and the Law | |
| |
| |
| Religious Polity and Structures | |
| |
| |
| Religious Property Disputes | |
| |
| |
| Employment, Taxation, and More | |
| |
| |
| Summary and Conclusions | |
| |
| |
| |
| Toward an Integration of Religious Liberty: The American Experiment in International Context | |
| |
| |
| International Norms and the Constitution | |
| |
| |
| The International Framework of Religious Liberty | |
| |
| |
| International Norms and American Laws Compared | |
| |
| |
| Summary and Conclusions | |
| |
| |
| Concluding Reflections | |
| |
| |
| |
| Drafts of Federal Religion Clauses (1787-1789) | |
| |
| |
| |
| State Constitutional Provisions on Religion (as of 1947) | |
| |
| |
| |
| United States Supreme Court Decisions Relating to Religious Liberty | |
| |
| |
| Index | |