Free Exercise of Religion and the United States Constitution: The Supreme Court's Challenge

ISBN-13: 9780815366898 / Angielski / Twarda / 2018 / 158 str.

Mark Philip Strasser

Opis

The United States Constitution’s protections for conscience, often described as robust, have in reality been of varying strengths, and the Supreme Court has offered specious rationales to justify the inconsistent application of differing standards while claiming to be consistently applying a single principle.

Spis treści

Introduction;  1: Free exercise and the definition of religion;  2: Institutional autonomy and the ministerial exception;  3: Fighting wars and claims of conscience;  4: Early modern free exercise;  5: Free exercise becomes (more) chaotic;  6: The Smith revolution;  7: Corporate conscience;  8: Lower courts and the protection of religion;

O autorze

Mark Strasser is Trustees Professor of Law at Capital University Law School in Columbus, Ohio. His previous books include Religion, Education and the State: An Unprincipled Doctrine in Search of Moorings (2011), Same-Sex Unions Across the United States (2011), On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads (2002), The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections (1999), Legally Wed: Same-Sex Marriage and the Constitution (1997), Agency, Free Will, and Moral Responsibility (1992), The Moral Philosophy of John Stuart Mill: Toward Modifications of Contemporary Utilitarianism (1991), and Francis Hutcheson’s Moral Theory: Its Form and Utility (1990).