First Amendment - The Establishment of Religion Clause Its Constitutional History and the Contemporary Debate

ISBN-10: 1591025176

ISBN-13: 9781591025177

Edition: 2007

Authors: Alan Brownstein

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"Congress shall make no law respecting an establishment of religion...." -- The Establishment Clause of the First Amendment. Unlike many areas of constitutional law, there is very little settled doctrine interpreting the Establishment Clause. Not only is the case law in flux and inconsistent, but scholars disagree on virtually every issue addressed in legal commentary. Put simply, there is no consensus on what the Establishment Clause means. Because this is such a contested area of constitutional law, most books addressing the Establishment Clause present a particular point of view, theory of interpretation, or doctrinal approach. Editor Alan Brownstein adopts a different approach in this excellent anthology of essays on this important clause of the First Amendment. Recognising the range and depth of intellectual tension that underlies this constitutional mandate, Brownstein addresses both the historical debate surrounding the original understanding of this constitutional provision as well as current controversies regarding its interpretation and application by the courts. The reader will thus find a balanced account of the competing perspectives on core questions. The book is organised around three central areas. First, several articles provide divergent accounts of the history of the Establishment Clause from pre-Constitutional colonial America to the adoption of the Fourteenth Amendment. Second, various perspectives are presented on government endorsement of religious messages, typically through state sponsored religious displays or state directed prayer. Third, a range of viewpoints addresses the issue of government funding of religious institutions providing educational or social services, either through indirect aid (vouchers) or direct grants. An introduction to each section provides a concise overview of the development of the case law so that readers will be familiar with key rulings and legal tests the courts have employed. With a focus on broad themes and core ideas, this excellent collection of articles will be of great use to both undergraduate and law students (and their professors), as well as lay readers interested in the history of the Constitution, Establishment Clause, and current debates surrounding its interpretation.
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Book details

List price: $19.99
Copyright year: 2007
Publisher: Prometheus Books, Publishers
Publication date: 7/17/2007
Binding: Paperback
Pages: 382
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.100
Language: English

Alan Brownstein (Davis, CA), professor of law at the University of California (Davis) School of Law, is the author of many articles in law journals on issues of religious liberty.

Series Preface
Editor's Introduction
The History of the Establishment Clause
Supreme Court Justices on the History of the Establishment Clause
Everson v. Board of Education of the Township of Ewing, et al
Wallace, Governor of Alabama, et al. v. Jaffree, et al
Elk Grove Unified School District v. Newdow
The Nonpreferentialism Debate
Church-State Separation: Restoring the "No Preference" Doctrine of the First Amendment
"Nonpreferential" Aid to Religion: A False Claim about Original Intent
The Establishment Clause as a Federalism Mandate
Toward a General Theory of the Establishment Clause
The Intellectual Origins of the Establishment Clause
The Bill of Rights: Creation and Reconstruction
The Second Adoption of the Establishment Clause: The Rise of the Nonestablishment Principle
The Complex Background of the Establishment Clause
The Essential Rights and Liberties of Religion in the American Constitutional Experiment
The Separation of the Religious and the Secular: A Foundational Challenge to First Amendment Theory
Government Funding of Religious Institutions and Religious Activities
Editor's Introduction: Supreme Court Cases Adjudicating Government Funding of Religious Institutions and Activities
Direct Aid
Religious Freedom at a Crossroads
Federal Funds for Parochial Schools? No
Public Aid to Parochial Schools
The Establishment Clause and Aid to Parochial Schools
Indirect Aid or Vouchers
The Increasingly Anachronistic Case against School Vouchers
The Price of Vouchers for Religious Freedom
School Vouchers and Religious Liberty: Seven Questions from Madison's "Memorial and Remonstrance"
Evaluating School Voucher Programs through a Liberty, Equality, and Free Speech Matrix
Vouchers and Religious Schools: The New Constitutional Questions
Charitable Choice and Social Welfare Services by Faith-Based Providers
A Constitutional Case for Governmental Cooperation with Faith-Based Social Service Providers
Interpreting the Religion Clauses in Terms of Liberty, Equality, and Free Speech Values - A. Critical Analysis of "Neutrality Theory" and Charitable Choice
Remembering the Values of Separatism and State Funding of Religious Organizations (Charitable Choice): To Aid Is Not Necessarily to Protect
Government Promotion or Expression of Religious Beliefs
Editor's Introduction: Supreme Court Cases Evaluating Government Promotion or Expression of Religious Beliefs
Government, Religion, and Culture: An Overview
Religious Freedom at a Crossroads
Religious Liberty as Liberty
Religious Equality and Religious Endorsements
From Liberty to Equality: The Transformation of the Establishment Clause
Harmonizing the Heavenly and Earthly Spheres: The Fragmentation and Synthesis of Religion, Equality, and Speech in the Constitution
Symbols, Perceptions, and Doctrinal Illusions: Establishment Neutrality and the "No Endorsement" Test
Secular Purpose
The Pledge of Allegiance and the Limited State
Coercion and Establishment
Coercion: The Lost Element of Establishment
"Noncoercive" Support for Religion: Another False Claim about the Establishment Clause
Religious Coercion and the Establishment Clause
Lemon Is Dead
Constitution of the United States of America
The Amendments to the Constitution
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