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This is a readable and objective summary of the views of Chief
Justice Rehnquist and an enlightening treatise on the future of
church/state relations in America.
Leo Pfeffer, the leading authority on church/state law, presents a
trenchant analysis of the decisions of the Supreme Court under
Chief Justice Warren E. Burger, focusing on the Court's
interpretation of the First and Fourteenth Amendments. These
amendments that guarantee the separation of church and state and
the free exercise of religion are fundamental to the unique
character of democracy as it exists in the United States. However,
the distinction between affairs of state and the concerns of
organised religion has become blurred. In his examination of the
Burger Court, Pfeffer found that, initially, it followed the
precedents established by earlier courts and in some major respects
it went even further. For example, it extended the ban on public
school prayer and ruled financial aid to church-related schools to
be unconstitutional.However, with the election of Ronald Reagan,
the Burger Court moved toward greater accommodation and away from a
separatist position. Pfeffer's description of these Supreme Court
cases is non-partisan and illuminates the legal issues and
implications of these decisions for a lay audience. However,
well-known as a strict separationist, Pfeffer does not withhold his
own partisan judgement as to the significance and correctness of
these decisions and the dangerous direction in which they may lead
the court.
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