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portada Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (in English)
Type
Physical Book
Year
1999
Language
English
Pages
192
Format
Paperback
ISBN
0195132483
ISBN13
9780195132489
Categories

Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (in English)

Steven D. Smith (Author) · Oxford University Press · Paperback

Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (in English) - Steven D. Smith

Physical Book

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Synopsis "Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (in English)"

Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.

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The book is written in English.
The binding of this edition is Paperback.

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