American Constitutional Law 11e, Volume II provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition now includes several landmark First Amendment cases, including Janus v. American Federation of State, County, and Municipal Employees (2018), Minnesota Voters Alliance v. Mansky (2018), National Institute of Family and Life Advocates v. Beccera (2018), Trinity Lutheran Church v. Comer (2017) and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). It also includes Carpenter v. United States (2018). A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito's majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court's continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch's compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

An insightful rethinking of the meaning of the First Amendment's protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Munoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, Munoz demonstrates that adherence to the Founders' political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders' understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders' political philosophy of religious freedom and the First Amendment Religion Clauses.

An insightful rethinking of the meaning of the First Amendment's protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Munoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, Munoz demonstrates that adherence to the Founders' political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders' understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders' political philosophy of religious freedom and the First Amendment Religion Clauses.

All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution - these are matters for heated debate. At a moment when such questions loom ever larger in the nation's contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation's founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment - tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America's civic fabric - and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.

Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court is an indispensable resource for anyone interested matters of religious freedom from the Republic's earliest days to current debates.

America is a nation that celebrates diversity and freedom of conscience. Yet, as Alexis de Tocqueville observed, democratic times often demand conformity. Nowadays, conformity might be enforced in the name of diversity itself, and go so far as to infringe on the rights of conscience, expression, association, and religious freedom. Americans have recently been confronted by this paradox in various ways, from federal health care mandates, to campus speech codes, to consumer boycotts, to public intimidation, to vexatious litigation, to private corporations dismissing employees for expressing certain political views. In this book, Bradley C. S. Watson brings together leading thinkers from a variety of disciplines to examine the manner and extent to which conformity is demanded by contemporary American law and social practice. Contributors also consider the long-term results of such demands for conformity for the health-and even survival-of a constitutional republic.

America is a nation that celebrates diversity and freedom of conscience. Yet, as Alexis de Tocqueville observed, democratic times often demand conformity. Nowadays, conformity might be enforced in the name of diversity itself, and go so far as to infringe on the rights of conscience, expression, association, and religious freedom. Americans have recently been confronted by this paradox in various ways, from federal health care mandates, to campus speech codes, to consumer boycotts, to public intimidation, to vexatious litigation, to private corporations dismissing employees for expressing certain political views. In this book, Bradley C. S. Watson brings together leading thinkers from a variety of disciplines to examine the manner and extent to which conformity is demanded by contemporary American law and social practice. Contributors also consider the long-term results of such demands for conformity for the health-and even survival-of a constitutional republic.

Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates.

Did the Founding Fathers intend to build a 'wall of separation' between church and state? Are public Ten Commandments displays or the phrase 'under God' in the Pledge of Allegiance consistent with the Founders' understandings of religious freedom? In God and the Founders, Dr Vincent Phillip Munoz answers these questions by providing comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison's, Washington's, and Jefferson's public documents, private writings, and political actions, Munoz explains the Founders' competing church-state political philosophies. Munoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court's most important First Amendment religion cases. God and the Founders answers the question, 'What would the Founders do?' for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individuals' religious consciences.

Did the Founding Fathers intend to build a 'wall of separation' between church and state? Are public Ten Commandments displays or the phrase 'under God' in the Pledge of Allegiance consistent with the Founders' understandings of religious freedom? In God and the Founders, Dr Vincent Phillip Munoz answers these questions by providing comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison's, Washington's, and Jefferson's public documents, private writings, and political actions, Munoz explains the Founders' competing church-state political philosophies. Munoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court's most important First Amendment religion cases. God and the Founders answers the question, 'What would the Founders do?' for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individuals' religious consciences.