Ellis M. West

The Religion Clauses of the First Amendment

Guarantees of States' Rights?

• Broschiertes Buch

Produktbeschreibung

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.

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Produktdetails

• Verlag: Lexington Books
• Seitenzahl: 216
• Erscheinungstermin: 3. Mai 2013
• Englisch
• Abmessung: 229mm x 152mm x 12mm
• Gewicht: 321g
• ISBN-13: 9780739146781
• ISBN-10: 0739146785
• Artikelnr.: 38476538

Autorenporträt

By Ellis M. West

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