Securing Religious Liberty: Principles for Judicial Interpretation of the Religion ClausesUniversity of Chicago Press, 15.5.1995 - 198 sivua Although the Constitution of the United States states that there shall be no laws that either establish or prohibit religion, the application of the Religion Clauses throughout United States history has been fraught with conflict and ambiguity. In this book, a leading constitutional scholar proposes a set of guidelines meant to provide for the consistent application of the First Amendment's Religion Clauses. Choper's guidelines are designed to provide maximum protection for religious freedom without granting anyone an advantage, inflicting a disadvantage, or causing an unfair burden. Though not calling for the wholesale overturning of judicial precedents or established social practices, the standards he proposes would result in significant—and controversial—modifications to existing doctrines and customs. Choper argues, for instance, that while vocal prayer and Bible reading in public schools should continue to be prohibited, we can and should allow for silent prayer and objective courses in creation science. His standards would also, among other things, eliminate the tax exemption on property used exclusively for religious purposes while allowing parochial schools to receive public funds for the non-religious component of their education. |
Sisältö
DELIBERATE Disadvantage PRINCIPLE | 41 |
BURDENSOME EFFECT PRINCIPLE | 54 |
Problems in Fashioning a Better Rule | 58 |
Elaboration of the Principles Qualifications | 64 |
INTENTIONAL ADVANTAGE PRINCIPLE | 97 |
Accommodations for Religious Minorities | 119 |
Religion in the Public Schools | 140 |
to the States | 158 |
INDEPENDENT IMPACT PRINCIPLE | 160 |
A Professional Note 189 | |
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Securing Religious Liberty: Principles for Judicial Interpretation of the ... Jesse H. Choper Rajoitettu esikatselu - 2013 |
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Abington School District accommodations Aguillard Allegheny County Amendment Amish Board of Education Bob Jones University burden burdensome effect principle Caldor Calif Choper church concurring constitutional decision define religion definition of religion discussed dissenting doctrine Employment Division endorsement ernment Establishment Clause example extratemporal consequences faith Free Exercise Clause gion gious government action government regulations granted Harv ideologies intentional advantage principle invalid Jesse H judgment judicial Justice lawmaking legislative Leo Pfeffer mainstream religions Mark Tushnet McConnell ment Michael W minority Native American Church neutrality approach nonreligious objectors parochial schools persons peyote political prayer precept prohibition public school racial reason reli Religion Clauses religious beliefs religious exemption religious freedom religious groups religious liberty rule S.Ct School District sectarian secular Sherbert state's Supreme Court tax exemption tax funds tenets thesis threat to religious tion tional Tushnet ultimate concerns values violate the Establishment Yale L.J.