Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.
Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Ellis M. West is emeritus professor of political science at the University of Richmond in Virginia.
Inhaltsangabe
Preface Introduction Clarification of the Issue The Origin of the "Substantive" Versus "Jurisdictional" Terminology The Problem with the Word "Substantive" The Problem with the Word "Jurisdictional" Must the Religion Clauses Be Either Normative or Federalist? The Different Federalist Interpretations of the Clauses A Critical Analysis of the Federalist Interpretation An Overview of the Arguments An Assessment of the Arguments' Logic The Ratification Debate and Proposed Religion Clauses The Significance of the Debate Issues: What Kind of Laws Pertaining to Religion Did Both Federalists and Anti-federalists Want to Prohibit, and Why? The Views of the Federalists The Views of the Anti-federalists The Drafting of the Religion Clauses The Role and Views of James Madison A Summary of What Happened in the First Congress The Meaning of the Debate in the House on August 15 Changes in the Wording of the Clauses The Final Wording of the Establishment Clause The Relevance of Madison's Amendment to Protect Religious Liberty in the States Summary Were the Framers Hopelessly Divided over Government and Religion? The Case for Lack of Consensus An Assessment of the Case for Lack of Consensus The Case for the Existence of Consensus Conclusion The Early American Understanding of the Religion Clauses Comments on the Clauses during Their Ratification Interpretations of the Clauses by the Clergy Interpretations of the Clauses by Other Public Figures Commentaries on the Constitution The Widespread Belief that the Bill of Rights Applied to the States Jefferson and Madison's Interpretation of the Clauses Conclusion The Federalist Interpretation of the Religion Clauses: A Concluding Assessment
Preface Introduction Clarification of the Issue The Origin of the "Substantive" Versus "Jurisdictional" Terminology The Problem with the Word "Substantive" The Problem with the Word "Jurisdictional" Must the Religion Clauses Be Either Normative or Federalist? The Different Federalist Interpretations of the Clauses A Critical Analysis of the Federalist Interpretation An Overview of the Arguments An Assessment of the Arguments' Logic The Ratification Debate and Proposed Religion Clauses The Significance of the Debate Issues: What Kind of Laws Pertaining to Religion Did Both Federalists and Anti-federalists Want to Prohibit, and Why? The Views of the Federalists The Views of the Anti-federalists The Drafting of the Religion Clauses The Role and Views of James Madison A Summary of What Happened in the First Congress The Meaning of the Debate in the House on August 15 Changes in the Wording of the Clauses The Final Wording of the Establishment Clause The Relevance of Madison's Amendment to Protect Religious Liberty in the States Summary Were the Framers Hopelessly Divided over Government and Religion? The Case for Lack of Consensus An Assessment of the Case for Lack of Consensus The Case for the Existence of Consensus Conclusion The Early American Understanding of the Religion Clauses Comments on the Clauses during Their Ratification Interpretations of the Clauses by the Clergy Interpretations of the Clauses by Other Public Figures Commentaries on the Constitution The Widespread Belief that the Bill of Rights Applied to the States Jefferson and Madison's Interpretation of the Clauses Conclusion The Federalist Interpretation of the Religion Clauses: A Concluding Assessment
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