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James Hitchcock - The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples - 9780691119236 - V9780691119236
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The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples

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Description for The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples Hardback. Offers an analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. This book examines how a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Series: New Forum Books. Num Pages: 272 pages, black & white illustrations. BIC Classification: 1KBB; HRA; JHM; LNAA. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 229 x 152 x 22. Weight in Grams: 514.
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

Product Details

Format
Hardback
Publication date
2004
Publisher
Princeton University Press United States
Number of pages
272
Condition
New
Series
New Forum Books
Number of Pages
272
Place of Publication
New Jersey, United States
ISBN
9780691119236
SKU
V9780691119236
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-15

About James Hitchcock
James Hitchcock is Professor of History at St. Louis University. He is the author of six books, including "Catholicism and Modernity".

Reviews for The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples
"Hitchcock's work offers timely admonition to those who are concerned about religion, politics, and society. As church and state increasingly intersect, his proposal offers a compelling way forward: to see separation as governing the relationship between religion and government and accommodation as defining the relationship between religion and culture."
Jeremiah H. Russell, Christian Social Thought "These two volumes are a wonderful gift to the scholarly enterprise of American church-state jurisprudence. They are part of a growing body of literature that is forcing many of us to revisit, either critically or sympathetically, the received understanding of the history of, and the judicial reasoning about, the religion clauses of America's First Amendment... [I]t is the sort of scholarship that for years to come will be included in the canon of works that must be addressed before one offers an alternative or complementary perspective."
Francis J. Beckwith, Journal of Church and State

Goodreads reviews for The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples


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