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Religion and the Law - Of Church and State and the Supreme Court (Hardcover)
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Religion and the Law - Of Church and State and the Supreme Court (Hardcover)
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There are few issues as controversial as where to draw the line
between church and state. The framers of the Constitution's Bill of
Rights began their blueprint for freedom by drawing exactly such a
line. The first clauses of the First Amendment provide: "Congress
shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof." The justices of the Supreme
Court have not been wanting for advice from self-appointed
guardians. The difficulty with such advice is that the contestants
are more convincing when they criticize their opponents'
interpretations than when they seek to establish the validity of
their own.Religion and the Law examines the actions and words of
the Supreme Court in applying constitutional language to the
controversies that have come before it. Lest such an effort be
reduced to recitation, these cases are measured against a "neutral
principle" that will give the most appropriate scope to the
religion clauses in such a manner as to provide guidance for
legislatures and courts. This neutral principle has been framed in
reliance on the Aristotelian axiom that "it is the mark of an
educated man to seek precision in each class of things just so far
as the nature of the subject admits."One of the fundamental
difficulties with the contemporary discussion of the "hot button"
issue has been the failure to distinguish two separable problems:
the constitutional issue--in the narrow sense of the meaning to be
given to the language of the First Amendment by the Supreme
Court--and the broader question of the ideal relationship that
should exist between church and state. This is a classic study by
one of the great theorists of American constitutional law.
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