The Law of Church and State in the Supreme CourtNova Publishers, 2003 - 167 էջ From the fall of 1980 to the present the Supreme Court has handed down over 60 decisions on the issues of church and state -- more than in any previous comparable period. In many of its decisions the Court has been sharply split, with the Justices vigorously arguing their various viewpoints. But the changes in the Court's composition have had a demonstrable effect: The Court has substantially narrowed the scope of the free exercise clause as a constraint on government action and has overturned a number of its prior establishment clause rulings. On both clauses the Court's interpretations are now giving government much more discretion to take actions that affect religious institutions and practices. Nonetheless the Court is sharply divided on how to interpret and apply both the free exercise clause, and the establishment clause, and the outcome of particular cases is often unpredictable. The period since 1980 has been a profoundly important time for the law of church and state in the Supreme Court. The arguments both on and off the Court about the proper relationship of government and religion have been spirited and extensive, and the Court has issued dozens of rulings on specific issues. This book summarises the doctrinal debates and shifts on the religion clauses that have occurred on the court during this period. It summarises and examines as well the legal effect of each of the decisions the Court has handed down concerning church and state since 1980. An Appendix lists each of the Justices voted on the decisions. |
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SUPREME COURT CHURCHSTATE CASES 199405 TERM | 85 |
SUPREME COURT CHURCHSTATE CASES 199697 TERM | 111 |
SUPREME COURT CHURCHSTATE CASES 19992000 TERM | 119 |
SUPREME COURT CHURCHSTATE CASES 20002001 TERM | 141 |
163 | |
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Abington School District action activities affirmed allowing Amendment application asserted basis beliefs benefits Board cert Chapter church City claim Club compelling concluded Congress constitutional constitutionality court held created decisions denied direct discrimination display dissenting Education effect Employment endorsement establishment clause exclusion exemption expression facilities filed free exercise clause free speech funding governmental grounds groups institutions instructional interest involved issue Justice Kennedy limited Lower court Lower court held majority meaning neutral O'Connor opinion organizations particular permitted practices prayer principle prohibition protection public forum public schools reasonable regulation Rehnquist religion religious Review RFRA Rights ruling S.Ct Scalia School District sectarian sectarian schools secular separation Smith Souter speech statute Stevens strict scrutiny student supra Supreme Court Term Thomas trial unconstitutional United University upheld viewpoint violate violate the establishment
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Էջ 1 - Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should " make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Էջ 1 - American people which declared that their legislature should " make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between church and State.