Foreordained Failure (Heftet)

The Quest for a Constitutional Principle of Religious Freedom

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Innbinding: Heftet
Utgivelsesår: 1999
Antall sider: 192
Forlag: Oxford University Press Inc
Språk: Engelsk
ISBN/EAN: 9780195132489
Kategori: Religion, historie og filosofi , Jus og Religion
Omtale Foreordained Failure
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate 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.

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