Religion and the Constitution, Second Edition » (2nd Edition)

Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it examines the relationship between government and religion within the framework of the Constitution.

This class-tested casebook:

• features exceptional authors who are well-known for their scholarship
• places current debates in the context of broad recurring themes: free exercise of religion in the face of government regulation, government financial assistance to religious institutions, and the role of religion in government institutions, such as schools
• uses notes and questions to connect constitutional and religious history to current constitutional issues
• combines notes and problems to stimulate deeper understanding and the application of knowledge to new issues
• focuses on the interrelation between free exercise and establishment clauses
• promotes in-depth case analysis by the use of lightly edited classic and current cases

The Second Edition incorporates the many changes in the field:

• a substantially revised section on "The Power of the Purse" considers the latest developments regarding school vouchers (Zelman), state "Blaine Amendments" (Locke v. Davey), funding of social services (e.g. the Bush Administration's "faith-based initiative"), and "strings" attached to government aid
• the section on tort claims againstreligious institutions reflects recent issues arising out of sexual-abuse cases
• new Supreme Court and key lower-court decisions in all areas appear throughout the book

Booknews

A law school casebook that emphasizes the interrelatedness of the "free exercise of religion" and the "nonestablishment of religion" clauses of the United States Constitution. Both components are examined in the three areas where government interacts with religion: the regulation of religious activity, the funding of religious activity, and the treatment of religion in government's culture shaping activities such as public schools. Relevant Supreme Court cases are presented along with explanatory notes. Annotation c. Book News, Inc., Portland, OR (booknews.com)

	Preface
	Acknowledgments
I	Introduction	1
A	Two Stories	4
B	The Other Side of the Coin: The Interaction of Free Exercise and Nonestablishment	12
II	History	21
A	The Theory and Practice of Religious Establishments	21
B	Major Influences on the Idea of Religious Liberty	38
C	The Virginia Assessment Controversy	58
D	The Constitutional Provisions	71
III	Religion in the Regulatory State	101
A	Free Exercise: Is Accommodation Required?	102
B	Current Free Exercise Litigation	200
C	Establishment Clause: Is Accommodation Permitted?	275
D	Institutional Religion	360
IV	The Power of the Purse	425
A	Introduction: Government Aid in Modern Times and in the Founding Generation	425
B	The Historical Struggle Over Nonpublic Education: Subsidy or Suppression?	445
C	The Lemon Approach: No Aid to Religious Teaching	464
D	The New Approach: "Neutral" Aid	503
E	Ongoing Controversies Over Government Aid	553
V	Religion and the Government's Influence Over Culture	603
A	Efforts to Create a Public Culture	605
B	Regulation of Private Religious Speech	730
C	Drawing the Line Between Government and Private Speech	797
D	Religion and Democracy	814
VI	What is "Religion"	869
A	The Draft Cases	870
B	Defining Religion in Other Contexts	886
	Table of Cases	907
	Table of Statutes	915
	Table of Authorities	917
	Index	927