Religion and the Law: Of Church and State and the Supreme Court by PHILIP KURLANDReligion and the Law: Of Church and State and the Supreme Court by PHILIP KURLAND

Religion and the Law: Of Church and State and the Supreme Court


Paperback | February 15, 2009

Pricing and Purchase Info

$59.59 online 
$62.90 list price save 5%
Earn 298 plum® points

Prices and offers may vary in store


In stock online

Ships free on orders over $25

Not available in stores


There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. The first clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The justices of the Supreme Court have not been wanting for advice from self-appointed guardians. The difficulty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.

Religion and the Law examines the actions and words of the Supreme Court in applying constitutional language to the controversies that have come before it. Lest such an effort be reduced to recitation, these cases are measured against a "neutral principle" that will give the most appropriate scope to the religion clauses in such a manner as to provide guidance for legislatures and courts. This neutral principle has been framed in reliance on the Aristotelian axiom that "it is the mark of an educated man to seek precision in each class of things just so far as the nature of the subject admits."

One of the fundamental difficulties with the contemporary discussion of the "hot button" issue has been the failure to distinguish two separable problems: the constitutional issue--in the narrow sense of the meaning to be given to the language of the First Amendment by the Supreme Court--and the broader question of the ideal relationship that should exist between church and state. This is a classic study by one of the great theorists of American constitutional law.

Philip B. Kurland was William R. Kenan, Jr. Distinguished Service Professor Emeritus at the University of Chicago. He had been a consultant for various government agencies and committees, including the Conference of Chief Justices, the Department of Justice, and U.S. Senate Subcommittee on Separation of Powers. Some of his works in...
Title:Religion and the Law: Of Church and State and the Supreme CourtFormat:PaperbackDimensions:128 pages, 9 × 6 × 0.68 inPublished:February 15, 2009Publisher:Taylor and FrancisLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:020236304X

ISBN - 13:9780202363042

Look for similar items by category: