Foreordained Failure The Quest for a Constitutional Principle of Religious Freedom

Author/creator Smith, Steven D. Author
Format Electronic
Publication InfoNew York : Oxford University Press, Incorporated
Description192 p. 09.100 x 06.000 in.
Supplemental ContentFull text available from eBooks on EBSCOhost
Subjects

Summary Annotation Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in thedebate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more.Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
ISBN9780195132489
ISBN0195132483 (Trade Paper) On Demand
Standard identifier# 9780195132489
Stock number00020142

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