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When Free Exercise and Nonestablishment Conflict (Hardcover)
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When Free Exercise and Nonestablishment Conflict (Hardcover)
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The First Amendment to the United States Constitution begins:
"Congress shall make no law respecting an establishment of religion
or prohibiting the free exercise thereof." Taken as a whole, this
statement has the aim of separating church and state, but tensions
can emerge between its two elements-the so-called Nonestablishment
Clause and the Free Exercise Clause-and the values that lie beneath
them. If the government controls (or is controlled by) a single
church and suppresses other religions, the dominant church's
"establishment" interferes with free exercise. In this respect, the
First Amendment's clauses coalesce to protect freedom of religion.
But Kent Greenawalt sets out a variety of situations in which the
clauses seem to point in opposite directions. Are ceremonial
prayers in government offices a matter of free exercise or a form
of establishment? Should the state provide assistance to religious
private schools? Should parole boards take prisoners' religious
convictions into account? Should officials act on public reason
alone, leaving religious beliefs out of political decisions? In
circumstances like these, what counts as appropriate treatment of
religion, and what is misguided? When Free Exercise and
Nonestablishment Conflict offers an accessible but sophisticated
exploration of these conflicts. It explains how disputes have been
adjudicated to date and suggests how they might be better resolved
in the future. Not only does Greenawalt consider what courts should
decide but also how officials and citizens should take the First
Amendment's conflicting values into account.
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