Suchergebnisse

Cover -- Contents -- Foreword by Stephen Macedo -- Acknowledgments -- Introduction: Purpose, Scope, Method -- Part I. The Work of the Convention -- 1. Creating a Republican Executive -- 2. Debate Begins on the Presidency -- 3. Election and Removal -- 4. The Audacious Innovations of the Committee of Detail -- 5. Completing the Executive -- 6. Ratification Debates -- Part II. Allocating Royal Powers -- 7. The Framers' General Theory of Allocating Powers -- 8. The Core Legislative Powers of Taxing and Lawmaking -- 9. The President's Legislative Powers -- 10. The Power to Control Law Execution -- 11. Foreign Affairs and War -- 12. Other Prerogative Powers -- Part III. The Logical Structure of Article II -- 13. The Executive Power Vesting Clause -- 14. The Logic of the Organization of Article II -- 15. The Three Varieties of Presidential Power -- Part IV. Illustrative Examples -- 16. Two Classic Cases -- 17. Three Presidents, Three Conflicts -- 18. The Administrative State -- Conclusion -- Short-Form Citations -- Notes -- Index.

Michael W. McConnell and Nathan S. Chapman detail the theological, political, and philosophical underpinnings of religious disestablishment in the United States - and how they relate to modern controversies over school funding, accommodation, public prayer, and public religious symbols. They argue that the clause is not a thumb on the scale for secularism in public matters (let alone the opposite) but a constitutional commitment for Americans of all religious commitments - and none - to agree to disagree about matters of faith.

"Preface" -- "Contents" -- "Editors and Contributors" -- "Chapter 1 Introduction: Scalia on Education Law, Philosophy, and Pedagogy " -- "Abstract " -- "Rugged Originalism" -- "Part I Scalia on Education" -- "Chapter 2 Scalia's Rugged Originalism " -- "Abstract " -- "Naïve Originalism" -- "Judicial Restraint" -- "Living Constitution (Non-originalism)" -- "Origins of the Living Constitution" -- "Academic Defenders" -- "Constitution by Expert" -- "The Scalia Phenomenon" -- "Chapter 3 Justice Scalia's Unoriginal Approach to Race and Gender in Education " -- "Abstract " -- "Chapter 4 Scalia's Dilemmas as a Conservative Jurist " -- "Abstract " -- "Political Jurisprudence?" -- "Brown, Green, and Color-Blindness" -- "Interpreting Civil Rights Statutes: The Case of Title IX" -- "Conclusion" -- "Chapter 5 Scalia and the Secret History of School Choice " -- "Abstract " -- "Educational Funding in the New Republic" -- "The 14th Amendment and Funding of Religious Schools" -- "The Purpose of the Establishment Clause" -- "The Exception to Our Disestablishmentarian Tradition" -- "Anti-Catholicism and the de Facto Protestant Establishment" -- "Justice Antonin Scalia and the Return to the Original Understanding" -- "Part II Scalia, the Educator" -- "Chapter 6 Beyond Original Meaning: The Task of Interpretation " -- "Abstract " -- "Education and Democracy" -- "Education and Choice" -- "Education and Religion" -- "Interpreting Law and the Constitution in the Education Cases" -- "Do Principles of Interpretation Matter?" -- "Can There Be a Final Meaning?" -- "The Common Sense Reply to This Excess" -- "Common Sense and Law" -- "Original Meaning: Its Good Sense and Its Limits" -- "Beyond Original Meaning? Original Meaning as Originally Understandable" -- "Chapter 7 Trust Me, I'm an Expert: Scientific and Legal Expertise in Scalia's Jurisprudence

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry.The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law

Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. ; https://scholarship.law.edu/fac_books/1110/thumbnail.jpg

The subject of religion and the state has unquestionably come of age in recent years. There is now a large enough body of court decisions on the First Amendment's religion provisions to support a full-length casebook—indeed, more than one. And the relationship of religion to government and public life has doubtless provoked even greater interest since the September 2001 terrorist attacks, which were inspired by a religious view radically opposed to the modern Western arrangement of religious liberty. This casebook on religion and the U.S. Constitution reflects the authors' thinking on the subject over the period of a number of years. It reflects several premises about how to teach and understand the relations between government and religion. ; https://scholarship.law.edu/fac_books/1023/thumbnail.jpg