Religion and the American Constitutional Experiment

Abstract

Abstract This accessible and authoritative introduction tells the American story of religious freedom from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom – liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - concerning the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text and armchair paperback. It includes a table summarizing every Supreme Court case on religious freedom from 1815 to 2021. This new 5th edition addresses fully the new hot button issues and cases on religious freedom and sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims with or without third party harms; state aid to religion; religious monuments and ceremonies in public life; and the rights of religious groups. The addition of distinguished Catholic religious freedom scholar Richard W. Garnett to this new edition adds further nuance and insider knowledge to the story.