The First Amendment
by Berg, Thomas C.Format: Trade Paper
Pub. Date: 2007-08-01
Publisher(s): Prometheus Books
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Summary
Religious freedom is often designated as America's "first freedom". This superb volume presents key excerpts from a range of scholarship on issues concerning free exercise of religion.
Table of Contents
| Series Editor's Preface | p. 11 |
| Introduction | |
| Introductory Essay | p. 17 |
| Introductory Themes: Religious Freedom at the Founding and Today | p. 33 |
| The Essential Rights and Liberties of Religion in the American Constitutional Experiment | p. 33 |
| Taking the Free Exercise Clause Seriously: [Can It Mean So Much? Can It Mean So Little?] | p. 49 |
| Are Religious Exemptions from General Laws Constitutionally Required? | |
| The Basic Question of Exemptions | p. 57 |
| Editor's Introduction: The US Supreme Court's Positions | p. 57 |
| Free Exercise Revisionism and the Smith Decision | p. 66 |
| In Defense of Smith and Free Exercise Revisionism | p. 77 |
| The Debate Over Exemptions and Constitutional History | p. 84 |
| The Origins and Historical Understanding of Free Exercise of Religion | p. 84 |
| A Constitutional Right of Religious Exemption: An Historical Perspective | p. 99 |
| The Second Adoption of the Free Exercise Clause: Religious Exemptions and the Fourteenth Amendment | p. 107 |
| Why Should Religious Freedom Have Distinctive Constitutional Protection? | p. 121 |
| An Anti-Liberal Argument for Religious Freedom | p. 121 |
| The Right Not to Be John Garvey | p. 135 |
| Religious Liberty as Liberty: [Why Religious Liberty?] | p. 144 |
| The Vulnerability of Conscience: The Constitutional Basis for Protecting Religious Conduct | p. 151 |
| Defining "Religion" | p. 169 |
| Editor's Introduction: Definitions in the Case Law | p. 169 |
| Religious Liberty as Liberty: [Defining Religion] | p. 172 |
| God is Great, Garvey is Good: Making Sense of Religious Freedom | p. 179 |
| Free Exercise Under Current Doctrine | p. 183 |
| Free Exercise is Dead, Long Live Free Exercise! Smith, Lukumi, and the General Applicability Requirement | p. 183 |
| Toward a Defensible Free Exercise Doctrine | p. 197 |
| Judicial Exemptions: Balancing Harms to Religion Against Harms to Society | p. 207 |
| Where Rights Begin: The Problem of Burdens on the Free Exercise of Religion | p. 207 |
| Taking the Free Exercise Clause Seriously: [Some Problems with Taking Freedom of Religion Seriously] | p. 221 |
| The New Attacks on Religious Freedom Legislation, and Why They Are Wrong | p. 226 |
| A Common-Law Model for Religious Exemptions | p. 232 |
| Legislative Protection of Religious Freedom | |
| The Debate over the Religious Freedom Restoration Act (RFRA) | p. 245 |
| What Hath Congress Wrought? An Interpretive Guide to the Religious Freedom Restoration Act | p. 245 |
| RFRA, Congress, and the Ratchet | p. 249 |
| City of Boerne v. Flores: A Landmark for Structural Analysis | p. 258 |
| Legislative Accommodations, the Institutional Roles of Courts and Legislatures, and the Establishment Clause | p. 267 |
| Editor's Introduction: Supreme Court Rulings on Legislative Accommodations and the Establishment Clause | p. 267 |
| Religious Institutions, The No-Harm Doctrine, and the Public Good | p. 271 |
| The Trouble with Accommodation | p. 276 |
| Why Is Religion Special? Reconsidering the Accommodation of Religion Under the Religion Clauses | p. 280 |
| Accommodation of Religion: An Update and a Response to the Critics | p. 286 |
| Other Free Exercise Issues | |
| Religious Institutions' Free Exercise | p. 293 |
| Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy | p. 293 |
| Free Exercise Exemptions and Religious Institutions: The Case of Employment Discrimination | p. 299 |
| Religious Organizations and Free Exercise: The Surprising Lessons of Smith | p. 307 |
| Thoughts on Smith and Religious-Group Autonomy | p. 318 |
| Free Exercise and Government Funding | p. 325 |
| The Mistakes in Locke v. Davey and the Future of State Payments for Services by Religious Institutions | p. 325 |
| Locke v. Davey and the Limits to Neutrality Theory | p. 339 |
| Appendices | |
| Constitution of the United States of America | p. 355 |
| Amendments to the Constitution | p. 371 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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