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The Religion Clauses of the First Amendment - Guarantees of States' Rights? (Paperback)
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The Religion Clauses of the First Amendment - Guarantees of States' Rights? (Paperback)
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The First Amendment of the U. S. Constitution begins: "Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof . . . ." The Supreme Court
has consistently held that these words, usually called the
"religion clauses," were meant to prohibit laws that violate
religious freedom or equality. In recent years, however, a growing
number of constitutional law and history scholars have contended
that the religion clauses were not intended to protect religious
freedom, but to reserve the states' rights to legislate on. If the
states' rights interpretation of the religion clauses were correct
and came to be accepted by the Supreme Court, it could profoundly
affect the way the Court decides church-state cases involving state
laws. It would allow the states to legislate on religion-even to
violate religious freedom, discriminate on the basis of religion,
or to establish a particular religion. This book carefully,
thoroughly, and critically examines all the arguments for such an
interpretation and, more importantly, all the available historical
evidence. It concludes that the clauses were meant to protect
religious freedom and equality of the individuals not the states'
rights
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