In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (Inalienable Rights)

McConnell, Michael W.

Chapman, Nathan S.

Legal History

Oxford University Press

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Christian Perspectives on Legal Thought

Religion & Spirituality

Cochran Jr., Robert F.

Carmella, Angela C.

Christian Books & Bibles

Yale University Press

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars, including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton, describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars―including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton―describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

The President Who Would Not Be King: Executive Power under the Constitution (The University Center for Human Values Series)

Specialties

Princeton University Press

Review\n"A magnificent, enduring accomplishment. This is the very best account of the founders' understanding of the presidency―their aspirations, their fears, their achievement."―Cass R. Sunstein, Harvard University\n"McConnell's fascinating and exhaustive account sees the framers as centrally concerned with domesticating prerogative powers so as to produce a presidency fit for a republic. One doesn’t have to agree with his conclusions to find this book an extremely valuable resource, and it will undoubtedly play a starring role in ongoing constitutional debates over presidential authority."―Gillian Metzger, Columbia Law School\n"McConnell makes a spectacular contribution to our understanding of both the presidency and the separation of powers. All future scholarship on the meaning of Article II will start with this book."―Steven G. Calabresi, cofounder of the Federalist Society\n“The President Who Would Not Be King is an essential work by one of the nation’s leading legal scholars. This important and provocative book offers an innovative account of the presidency’s origins that also dispels numerous longstanding myths. It made me think more deeply and in new ways.”―Martin S. Flaherty, author of Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs\n"McConnell develops his narrative clearly, patiently, and evenhandedly, and his analysis is rich and strikingly original. I have no doubt that this masterful and deeply illuminating book will become a standard reference on presidential powers and will help set the scholarly agenda in this area for many years to come."―John Mikhail, Georgetown University\nVital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent―and limits―of presidential power\nOne of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.\nMichael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.\nBased on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Religion and the Constitution, Third Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Third Edition has been completely updated with discussions of recent important cases and includes expanded discussion of key topic areas. Professors McConnell, Garvey, and Berg bring years of experience and insight to teaching students about Religion and the Constitution: <ul>
<li> Broad recurring themes place current debate in context: <ul>
<li> Free exercise of religion in the face of government regulation </li> <li> Government financial assistance to religious institutions </li> <li> The role of religion in government institutions, such as schools </li> </ul>
</li> <li> Notes and questions connect constitutional and religious history with current constitutional issues. </li> <li> The combination of notes and problems allows both depth of understanding and application of knowledge to new issues. </li> <li> The interrelation between free exercise and establishment clauses is examined and thoroughly explained. </li> <li> Historical background materials judiciously integrated with current constitutional issues provide students with the context that facilitates deeper understanding. </li> <li> Lightly edited cases promote in-depth case analysis. </li> </ul>
 New to the Third Edition: <ul>
<li> Up-to-date coverage of new decisions. </li> <li> Expanded discussion of standing in both funding and symbols cases (including Hein and Buono). </li> <li> Expanded discussion of freedom of religious association (including CLS v. Martinez). </li> <li> Additional references to international and comparative materials. </li> </ul>

Religion and the Constitution 2011 (Aspen Casebook)

Garvey, John H.

Berg, Thomas C.

Constitutional Law

Wolters Kluwer/Law & Business

Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. RELIGION AND THE CONSTITUTION, Second Edition, pays careful attention to significant recent developments as it examines the relationship between government and religion within the framework of the Constitution.
 This class-tested casebook: 
<li>features exceptional authors who are well-known for their scholarship </li>
<li>places current debates in the context of broad recurring themes: free exercise of religion in the face of government regulation, government financial assistance to religious institutions, and the role of religion in government institutions, such as schools </li>
<li>uses notes and questions to connect constitutional and religious history to current constitutional issues </li>
<li>combines notes and problems to stimulate deeper understanding and the application of knowledge to new issues </li>
<li>focuses on the interrelation between free exercise and establishment clauses </li>
<li>promotes in-depth case analysis by the use of lightly edited classic and current cases The Second Edition incorporates the many changes in the field: 
</li>
<li>a substantially revised section on ¿The Power of the Purse¿ considers the latest developments regarding school vouchers (Zelman), state ¿Blaine Amendments¿ (Locke v. Davey), funding of social services (e.g. the Bush Administration¿s ¿faith-based initiative¿), and ¿strings¿ attached to government aid </li>
<li>the section on tort claims against religious institutions reflects recent issues arising out of sexual-abuse cases </li>
<li>new Supreme Court and key lower-court decisions in all areas appear throughout the book</li>

Religion And the Constitution

Legal Education

Aspen Law & Business

Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

Religion and the Constitution (Aspen Casebook)

Lund, Christopher C.

Aspen Publishing

See the best price to sell, buy, or rent books by McConnell, Michael W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by McConnell, Michael W.

See the best price to sell, buy, or rent books by McConnell, Michael W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (Inalienable Rights)

Christian Perspectives on Legal Thought

Christian Perspectives on Legal Thought

Christian Perspectives on Legal Thought

The President Who Would Not Be King: Executive Power under the Constitution (The University Center for Human Values Series)

The President Who Would Not Be King: Executive Power under the Constitution (The University Center for Human Values Series)

Religion and the Constitution 2011 (Aspen Casebook)

Religion And the Constitution

Religion And the Constitution

Religion and the Constitution (Aspen Casebook)