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Securing Religious Liberty - Principles for Judicial Interpretation of the Religion Clauses (Hardcover)
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Securing Religious Liberty - Principles for Judicial Interpretation of the Religion Clauses (Hardcover)
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Although the Constitution of the United States of America states
that there shall be no laws that either establish or prohibit
religion, the application of the Religion Clauses throughout United
States history has been fraught with conflict and ambiguity. In
this book, a constitutional scholar proposes a set of guidelines
meant to provide for the consistent application of the First
Amendment's Religion Clauses. Choper's guidelines are designed to
provide maximum protection for religious freedom without granting
anyone an advantage, inflicting a disadvantage or causing an unfair
burden. Though not calling for the wholesale overturning of
judicial precedents or established social practices, the standards
he proposes would result in significant - and controversial -
modifications to existing doctrines and customs. Choper argues, for
instance, that while vocal prayer and Bible reading in public
schools should continue to be prohibited, we can and should allow
for silent prayer and objective courses in creation science. His
standards would also, among other things, eliminate the tax
exemption on property used exclusively for religious purposes,
while allowing parochial schools to receive public funds for the
non-religious component of their education.
General
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