Congress' constitutional role in protecting religious liberty

hearing before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, first session, on examining Congress' role in protecting religious liberty in the wake of the Supreme Court's decision in the case of City of Boerne v. Flores in which the court held the Religious Freedom Restoration Act unconstitutional under the 14th Amendment as applied to the states, October 1, 1997
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher: Government Printing Office
ISBN: 9780160563515
Category: Law
Page: 88
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Congressional Protection of Religious Liberty

Author: Louis Fisher
Publisher: Nova Publishers
ISBN: 9781590336694
Category: Religion
Page: 82
View: 8280

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It is widely believed that religious liberty is mainly protected by the independent judiciary, especially for religious denominations that represent a small minority. The view is that legislative bodies -- operating by majority vote -- cannot be expected to protect minority rights, and that judges have the independence and technical expertise to defend the constitutional rights of minorities. However, legislatures -- at both state and national level -- have done much to protect religious liberty, including the views of religious minorities. Even during the past half century, when the judicial record has measurably improved, individuals and private organisations, tend to turn to the elected officials for help, after being turned down by the courts. This book provides the reader with the means by which elected officials, especially members of Congress have protected religious liberty. The examples discussed in this book start with the statutory recognition of the rights of the conscientious objectors and moves to more recent disputes, including compulsory flag salutes, religious apparel in the military, school prayer, Indian religious beliefs and various statutory exemptions adopted by Congress and state legislature to provide a sturdy defence to religious liberty.

The Democratic Constitution

Author: Neal Devins,Louis Fisher
Publisher: Oxford University Press, USA
ISBN: 0199916543
Category: Constitutional law
Page: 368
View: 8698

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Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Religious liberty in America

political safeguards
Author: Louis Fisher
Publisher: Univ Pr of Kansas
Category: Law
Page: 266
View: 1668

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It is often assumed that the judiciary -- especially the Supreme Court -- provides the best protection of our religious freedom. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labor, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that renowned constitutional authority Fisher argues has been poorly understood by most of us.Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been in the forefront of establishing and protecting rights that have been neglected, denied, or unrecognized by the Court -- and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights.In this concise and insightful book, Fisher presents a series of important case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing othercontroversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher convincingly demonstrates that we must understand the political and not just

Zoning and Planning Law Handbook

Author: Clark Boardman Company,Fredric A. Strom,Patricia E. Salkin
Publisher: N.A
ISBN: 9780836614534
Category: Zoning law
Page: 967
View: 9601

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Congress Confronts the Court

The Struggle for Legitimacy and Authority in Lawmaking
Author: Colton C. Campbell,John F. Stack
Publisher: Rowman & Littlefield
ISBN: 9780742501393
Category: Law
Page: 144
View: 6706

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The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.

Congress, the Supreme Court, and Religious Liberty

The Case of City of Boerne v. Flores
Author: J. Waltman
Publisher: Springer
ISBN: 1137300647
Category: Social Science
Page: 199
View: 5849

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In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay
Publisher: C.H.Beck
ISBN: 9783406547546
Category: Constitutional history
Page: 583
View: 3726

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Congressional Record

Proceedings and Debates of the ... Congress
Author: United States. Congress
Publisher: N.A
Category: Law
Page: N.A
View: 6639

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Church-state Matters

Fighting for Religious Liberty in Our Nation's Capital
Author: J. Brent Walker
Publisher: Mercer University Press
ISBN: 9780881461152
Category: Political Science
Page: 260
View: 5951

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This collection of essays, speeches, sermons, and congressional testimony provides a living history of the modern era the life of the Baptist Joint Committee, now in its eighth decade. It includes historical essays dealing with the role of the pulpit in the fight for American independence, the involvement of James Madison and Thomas Jefferson in fashioning the First Amendment, and the contribution of numerous Baptists like Roger Williams and John Clarke to our understanding of the proper relationship between church and state. It also addresses specific religious liberty issues such as school vouchers, charitable choice, the Ten Commandments, religion in the public schools, attempts to amend the Constitution, including testimony he has given before House and Senate committees on these and other issues. Both a lawyer and an ordained minister, Walker writes on church-state cases decided by the Supreme Court and about the justices themselves as well the theological underpinning of his passion for religious liberty. Sermons he has preached in Baptist pulpits across the land are also included. - Publisher.

The Oxford Handbook of Church and State in the United States

Author: Derek H. Davis
Publisher: Oxford University Press
ISBN: 0190208783
Category: Religion
Page: 592
View: 9192

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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Religious Liberty Protection Act of 1999

Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Sixth Congress, First Session, on H.R. 1691, May 12, 1999
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher: N.A
Category: Civil rights
Page: 164
View: 3998

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Protecting Religious Freedom After Boerne V. Flores

Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, First Session, July 14, 1997
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher: Government Printing Office
Category: Civil rights
Page: 89
View: 4374

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American Constitutional Law, Volume I: Sources of Power and Restraint

Author: Otis Stephens, Jr.,John Scheb, II
Publisher: Cengage Learning
ISBN: 0495097047
Category: Political Science
Page: 432
View: 6705

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AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Each of the chapters includes an extended essay providing the legal, historical, political, and cultural contexts for the set of edited decisions from the United States Supreme Court case that follows. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation. At the same time, the authors include many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.


Protecting Individual Rights
Author: Louis Fisher
Publisher: N.A
ISBN: 9780700622115
Category: Political Science
Page: 216
View: 8487

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With illuminating case studies and analysis of judicial performance, Lou Fisher very effectively challenges the conventional academic wisdom that the courts are the most reliable protectors of individual rights in the U.S. Indeed, he convincingly undercuts what has routinely been taught for many years about the judicial branch, giving us a new appreciation of the limits of the courts and the central role of Congress in leading the way