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Title details for The Religion Clauses by Erwin Chemerinsky - Available

The Religion Clauses

The Case for Separating Church and State

by Erwin Chemerinsky
Howard Gillman
ebook
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Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.

  • Creators

  • Series

    Inalienable Rights

  • Publisher

  • Release date

    July 30, 2020

  • Formats

    • Kindle Book

    • OverDrive Read

      • ISBN: 9780190699758

    • EPUB ebook

      • ISBN: 9780190699758
      • File size: 1147 KB

  • Languages

    • English

  • Reviews

    • Kirkus

      June 1, 2020
      A dispassionate exposition in favor of the separation of church and state. Noting that the current structure of the Supreme Court is tilted toward an accommodationist view of the First Amendment, which tends to side with conservatives and religious majorities, legal experts Chemerinsky and Gillman take the initiative to offer a differing view. "Our thesis," they write, "is that the Constitution meant to create, and should be interpreted as creating, a secular republic, meaning that the government has no role in ad-vancing religion and that religious belief and practice should be a pri-vate matter." The authors begin with an examination of how the framers of the Constitution viewed the relationship between church and state. Despite traditions to the contrary, they write, "the framers resisted strong pressure to declare that the American republic would formally be associated with Christianity. There is no doubt that they intended to create a government that was formally secular." Though declaring themselves not to be "originalists," the authors work from the assumption that the founders sought specifically to create a secular government and that such a government has served America best through time. They work systematically, first through the Establishment Clause and then the Free Exercise Clause, explaining the background to each clause and various court cases that have shaped the public understanding of them, before then examining their own separationist views regarding each. Chemerinsky and Gillman end with a counter to the argument that separation of church and state is often a guise for hostility to religion; instead, they write, separation is a means of protecting all religions. Written in what can best be described as a relaxed legal style, the book is largely accessible but will appeal most to attorneys and those intrigued by the Constitution and the Supreme Court. A well-argued book geared toward those with an interest in the intersection of law and religion.

      COPYRIGHT(2020) Kirkus Reviews, ALL RIGHTS RESERVED.

Formats

  • Kindle Book
  • OverDrive Read
  • EPUB ebook

subjects

Languages

  • English

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