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The Supreme Court and Religion in American Life, Vol. 2 James Hitchcock

The Supreme Court and Religion in American Life, Vol. 2 By James Hitchcock

The Supreme Court and Religion in American Life, Vol. 2 by James Hitchcock


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Summary

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.

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The Supreme Court and Religion in American Life, Vol. 2 Summary

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

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.

The Supreme Court and Religion in American Life, Vol. 2 Reviews

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

About James Hitchcock

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

Table of Contents

Introduction to Volume 2 1 CHAPTER ONE: Original Intent 3 CHAPTER TWO: Patterns of Establishment 22 CHAPTER THREE: Pillars of a Wall 47 CHAPTER FOUR: The Faiths of the Justices 77 CHAPTER FIVE: A Fragile Wall 109 CONCLUSION 133 Notes 165 Bibliography 211 Index of Justices 245 Index of Cases 247 General Index 251

Additional information

CIN0691119236VG
9780691119236
0691119236
The Supreme Court and Religion in American Life, Vol. 2: From Higher Law to Sectarian Scruples by James Hitchcock
Used - Very Good
Hardback
Princeton University Press
20040808
272
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - The Supreme Court and Religion in American Life, Vol. 2