Name: Foreordained Failure By Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)
SKU: 9780195132489
Price: 4.34 USD
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Foreordained Failure Summary

Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom by Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.

Foreordained Failure Reviews

a refreshingly clear and vigourous account * Julian Rivers, Ecclesiastical Law Journal *
...thoroughly treats the constitutional issue of the basic principles underlying the right of freedom of religion; it is politically significant at this time because of the growing power of the religious right in our society....It is a provocative essay, and its points deserve wide discussion. It is clearly written and very well documented. * Choice *
...perhaps the most important book ever written on the religion clauses of the Constitution. If Smith is correct, the widely acknowledged failure of religion clause jurisprudence can be seen as the inevitable consequence of a fundamental misunderstanding of the clauses' scope and purposes. No court or academic commentator dealing with the clauses can ignore Smith's arguments. * Larry A. Alexander, University of San Diego School of Law *
An excellent work, replete with original and important insights. What makes Foreordained Failure so powerful and important is that it runs dead against the grain of conventional liberal thought about the institution of judicial review generlly and the correct interpretations of the religion clauses particularly. * Ira C. Lupu, The George Washington University *
The book is admirably clear in design and statement, and its argument is extensively and forcefully developed against numerous contrary claims and possible objections....Smith makes an important contribution to the discussion. * The Journal of Religion *
Important...fresh, provocative, and will certainly stimulate debate. * The Review of Politics *
This is a provocative book. Its thesis is clearly stated, well supported, and carefully qualified...Professor Steven Smith has produced and innovative, well researched analysis of the challenges of interpretation posed by the religion clauses of the First Amendment. This study is an important contribution to the extensive scholarly commentary on freedom of religion and is highly recommended. * The Law and Politics Book Review *
[Smith's] argument is honest and unpretentious, and for that reason it invites belief. * Michigan Law Review *
Smith's historical argument is powerfully presented. * Constitutional Commentary *

About Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Steven D. Smith is Professor of Law at the University of Notre Dame. He has taught and published extensively on legal subjects, including constitutional law and jurisprudence.

Additional information

Sku

CIN0195132483G

ISBN 13

9780195132489

ISBN 10

0195132483

Title

Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom by Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Author

Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Condition

Used - Good

Binding type

Paperback

Publisher

Oxford University Press Inc

Year published

1999-06-17

Number of pages

186

Prizes

N/A

Cover note

Book picture is for illustrative purposes only, actual binding, cover or edition may vary.

Note

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 good condition, but if you are not entirely satisfied please get in touch with us

Foreordained Failure Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Foreordained Failure by Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

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Foreordained Failure Summary

Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom by Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Foreordained Failure Reviews

About Steven D. Smith (Robert and Marion Short Professor of Law, Robert and Marion Short Professor of Law, University of Notre Dame)

Additional information

Customer Reviews - Foreordained Failure