Foreordained Failure: The Quest for a Constitutional Principle of Religious FreedomOxford University Press, 1999 - 174 strani Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable 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. |
Vsebina
Rethinking Rethinking Religious Liberty | 3 |
The Jurisdictional Character of the Religion Clauses | 17 |
Is the Free Exercise Clause Different? | 35 |
The Nullification of Original Meaning | 45 |
The Theory Project | 55 |
The Fundamental Conundrum | 63 |
The Pursuit of Neutrality | 77 |
A Secular Theory of Religious Freedom? | 99 |
Normative Questions | 119 |
Notes | 129 |
| 169 | |
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