Book contents
- Frontmatter
- Contents
- Preface
- 1 Introduction
- 2 Reynolds: The Historical Construction of Constitutional Reality
- 3 Everson: A Case of Premeditated Law Office History
- 4 The Battle for the Historical High Ground
- 5 Original Meanings: Where Is the Historical High Ground?
- 6 Incorporating Originalism
- 7 Conclusion
- Bibliography
- Index
Preface
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- 1 Introduction
- 2 Reynolds: The Historical Construction of Constitutional Reality
- 3 Everson: A Case of Premeditated Law Office History
- 4 The Battle for the Historical High Ground
- 5 Original Meanings: Where Is the Historical High Ground?
- 6 Incorporating Originalism
- 7 Conclusion
- Bibliography
- Index
Summary
Nowhere have the intentions of the American Constitution's framers been more important than in church-state cases. The United States Supreme Court's devotion to the original meaning of the First Amendment's “establishment clause” began in the 1870s and continues to the present, as constitutional questions regularly arise over issues ranging from aid to religious schools and courthouse Christmas displays to children pledging allegiance to one nation “under God.” This book seeks to address two critical questions in the realm of “church, state, and original intent”: (1) Why did the Supreme Court pursue this quest for the First Amendment's original meaning, and once it did, where did the justices find the history they have so firmly grafted onto the text of the establishment clause? (2) What is a reasonable originalist interpretation of the establishment clause in light of all of the relevant materials?
The first chapter sets the stage by introducing the Supreme Court's “wall of separation” jurisprudence, which first appeared in the 1870s in the Reynolds Mormon polygamy case. This interpretation was based on locating the origins of the establishment clause in the church-state views of Thomas Jefferson and James Madison. Chapter 1 then outlines the three principal schools of thought that have emerged in scholarly works, judicial opinions, and the popular press to compete for attention in this arena, all of which are focused on discerning the intentions of the framers of the Bill of Rights.
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- Church, State, and Original Intent , pp. vii - xPublisher: Cambridge University PressPrint publication year: 2009
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