Farewell to Christendom: The Future of Church and State in AmericaOxford University Press, 2001 - 143 sayfa Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, and judicial interpretation is in a state of disarray. Here, Curry provides a new paradigm for the understanding and exploration of religious liberty, contending that much of the present confusion can be traced to habits of mind that persist from Christendom and inevitably draw government into religious matters. The First Amendment, however, was meant to be a departure from the thinking that had preceded it for nearly fifteen hundred years. Curry traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the amendment created a right--the right to free exercise of religion--and that the courts are the guardians of that right. The First Amendment is, in fact, a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right. Here, Curry shows that the key to finding more coherence between Church-State decisions and the historical meaning and purpose of the First Amendment lies in embracing this understanding of the Amendment as a limitation on government. |
İçindekiler
Introduction | 3 |
Setting the Context | 7 |
The Formation of the First Amendment | 23 |
The Continuing Emergence of Religious Liberty | 46 |
The End of Christendom and the Role of the Courts | 71 |
Conclusion | 108 |
Notes | 116 |
139 | |
Diğer baskılar - Tümünü görüntüle
Farewell to Christendom: The Future of Church and State in America Thomas J. Curry Sınırlı önizleme - 2001 |
Farewell to Christendom: The Future of Church and State in America Thomas J. Curry Sınırlı önizleme - 2001 |
Farewell to Christendom: The Future of Church and State in America Thomas J. Curry Sınırlı önizleme - 2001 |
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Abington Township adherents aid to religion Amendment was enacted American Catholics argued argument assistance to religious assumptions Bill of Rights Catholicism century Christian Church-State system civil Clauses colonial Congregationalists Congress controversy culture define dissenting end of Christendom England establishment of religion Establishment provision exemptions exercise of religion experience Federalist Papers Flag Salute Framers free exercise French Revolution government assistance government power government preference government sponsorship government-sponsored religion historical evidence involved irreligion James Madison Jehovah's Witnesses John Leland judges Justice logical majority Massachusetts ministers modern Church-State nonpreferential government numbers parochial schools persecution power in religious proposed Protestant public schools Puritans purpose religious activity religious belief religious freedom religious groups religious liberty religious matters religious practices religious schools Revolution Second Vatican Council separation between Church Separation of Church society sponsorship of religion support for religion Supreme Court tradition understanding University Press upheld valid secular laws wall of separation York