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 ...
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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.
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Add this copy of Foreordained Failure: the Quest for a Constitutional to cart. $5.21, like new condition, Sold by ThriftBooks-Atlanta rated 5.0 out of 5 stars, ships from Austell, GA, UNITED STATES, published 1999 by Oxford University Press.
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Add this copy of Foreordained Failure: the Quest for a Constitutional to cart. $7.02, fair condition, Sold by Once Upon A Time Books rated 3.0 out of 5 stars, ships from Tontitown, AR, UNITED STATES, published 1995 by Oxford University Press.
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Fair. This is a used book. It may contain highlighting/underlining and/or the book may show heavier signs of wear. It may also be ex-library or without dustjacket. This is a used book. It may contain highlighting/underlining and/or the book may show heavier signs of wear. It may also be ex-library or without dustjacket.
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