The Cambridge Companion to the First Amendment and Religious Liberty

Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.

Michael D. Breidenbach (Edited by), Owen Anderson (Edited by)

9781108417471, Cambridge University Press

Hardback, published 9 January 2020

350 pages
23.5 x 15.6 x 3 cm, 0.77 kg

'Among the most contested issues in contemporary American life are the prudential and constitutional notions of religious liberty and relationships between religion and the civil state. An all-star line-up of scholars have contributed thoughtful, richly researched, and accessible essays to The Cambridge Companion to the First Amendment and Religious Liberty, ably guiding the specialist and non-specialist reader alike through the historical origins, philosophical considerations, and legal doctrines that have shaped constitutional conceptions of religious liberty in the American experience.' Daniel L. Dreisbach, School of Public Affairs, American University, and author of Thomas Jefferson and the Wall of Separation between Church and State

This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.

Introduction: assessing the First Amendment and religious liberty in America Michael D. Breidenbach and Owen Anderson
Part I. Philosophical Foundations: 1. The First Amendment and natural religion Owen Anderson
2. The philosophical meaning of religious exercise Janice Tzuling Chik
3. Freedom of religion: special, valuable, and qualified John Finnis
Part II. Historical Interpretations: 4. Religious exercise and establishment in early America Glenn A. Moots
5. The historical context of the religion clauses of the First Amendment Chris Beneke
6. Religious tests, loyalty oaths, and the ecclesiastical context of the First Amendment Michael D. Breidenbach
7. Church and state in the nineteenth century Jonathan Den Hartog
8. The First Amendment religion clauses in the United States Supreme Court Zoë Robinson
Part III. Law, Politics, and Economics: 9. Religious and secular presuppositions in First Amendment interpretations Paul E. Kerry
10. Two concepts of religious liberty: the natural rights and moral autonomy approaches to the free exercise of religion Vincent Phillip Muñoz
11. The economic origins of religious liberty Anthony Gill
12. Corporate religious liberty and the culture wars Steven D. Smith
13. Which original meaning of the establishment clause is the right one? Donald L. Drakeman
14. The two separations Marc O. DeGirolami
15. The challenge ahead: reconnecting religion, reason, and truth Gerard V. Bradley
Index.

Subject Areas: Constitutional & administrative law [LND], Legal history [LAZ], Law & society [LAQ], Religious freedom / freedom of worship [JPVH4], Religion & politics [HRAM2]