Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes.
This book maintains that the Court cases cannot be understood separately from the context from which they arose and that legal factors are only part of a broader picture for a historical understanding of the Court and Establishment Clause ...
The ACLU chose William Butler as their lead counsel. Butler was a member of the New York Civil Liberties Union, which was the local ACLU chapter. He was also a practicing Catholic and a conservative corporate lawyer.
This book summarises the doctrinal debates and shifts on the religion clauses that have occurred on the court during this period.
The Establishment Clause: Religion and the First Amendment
Church-State Constitutional Issues explores the often-debated and always topical issue of the relationship between church and state as outlined in the First Amendment. Donald L. Drakeman takes an interdisciplinary approach...
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two ...
Sekulow, Jay A. and Francis J. Manion, The Supreme Court and the Ten Commandments: Compounding the Establishment Clause Confusion, 14 William and Mary Bill of Rights Journal 33 (2005). Shaffer, Thomas L., Erastian and Sectarian ...