That Godless Court?

That Godless Court?

by Ronald B. Flowers

Paperback(Older Edition)

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Overview

The "religious clause" of the First Amendment, seemingly simple and clear, has been and continues to be controversial in its application. In this book, Flowers explains the Court's thinking, clarifying for readers the decisions that have been built on or that have altered previous positions.

Product Details

ISBN-13: 9780664255626
Publisher: Presbyterian Publishing
Publication date: 11/01/1994
Edition description: Older Edition
Pages: 192
Product dimensions: 6.00(w) x 9.00(h) x 0.44(d)

Table of Contents

Introductionix
1.The Court and Its Procedures1
Selecting Cases: The First Step1
Deciding Cases and Clarifying the Law4
2.Background of Constitutional Principles9
The Seventeenth Century: A Variety of Church-State Relationships10
The Eighteenth Century: The Process of Disestablishment12
The Constitution15
3.Defining the Scope of Religious Freedom: Prior to 196320
Mormon Cases20
Jehovah's Witnesses Cases21
Theology: A Forbidden Area27
4.The Uncertain Status of Religious Freedom: 1963-199030
The "Sherbert Test"30
Animal Sacrifice36
Clergy and Public Office38
The Military and Prisons39
Native American Cases41
Solicitation in Public Places42
5.From Congregational Fights to Pacifism45
Church Property45
Workplace Issues50
Conscientious Objection52
6.Aid to Church-Related Schools61
Government Aid to Parochial Schools63
Excursus 1The "Lemon Test": A Three-Part Test for Interpreting the Establishment Clause66
Excursus 2Standing67
Permitted Government Aid70
Prohibited Services72
Tuition Tax Credit Plans74
Government Aid to Church-Related Universities79
7.Religion in Public Schools81
Released Time82
Prayer and Teaching Religion85
Teaching Evolution and Creation Science93
Secular Humanism95
Equal Access98
8.Blue Laws, Bars, Taxes, and Plastic Reindeer: The Complexity of Establishment Clause Issues103
Sunday Closing Laws103
Legislative Chaplains107
A Church as Government Agent109
Unequal Government Treatment110
Taxes111
Religious Symbols on Public Property123
9.Flash Points and the Future126
The Rise of the Christian Right126
The Free Exercise Clause129
The Establishment Clause and Original Intent133
Implications of Recent Decisions138
Epilogue145
Appendix AMemorial and Remonstrance against Religious Assessments147
Appendix BAn Act for Establishing Religious Freedom153
Notes155
Bibliography171
Index173

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