Farewell to Christendom: The Future of Church and State in AmericaThomas 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. |
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İçindekiler
Introduction | 3 |
TWO The Formation of the First Amendment | 23 |
THREE The Continuing Emergence of Religious Liberty | 46 |
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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accepted allow Amendment American argued argument Assessment assistance assume attempt authority basis belief Bill of Rights Catholics century Christendom Christian Church Church-State civil claim colonial common Congress Constitution continued critics culture debate decide decisions define determine discussion dissenting enacted England ernment establishment of religion evidence example exemptions exercise of religion experience fact federal free exercise gious groups historical human individuals interpretation involved issue John judges Justice legislation limited logical Madison majority Massachusetts meaning ment ministers nature nonpreferential opinion original parochial schools past position power in religious practice preference Press principles prohibit promote Protestant Quakers reasoning refusal reli religious beliefs religious freedom religious liberty religious matters religious schools represented result Review rule secular separation society Supreme Court tion toleration tradition true understanding United University Virginia wall York