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Foreordained Failure
Steven Douglas Smith
其他書名
The Quest for a Constitutional Principle of Religious Freedom
出版Oxford University Press, 1999
主題Law / ConstitutionalLaw / Legal HistoryPolitical Science / ConstitutionsPolitical Science / Religion, Politics & StateReligion / General
ISBN01951324839780195132489
URLhttp://books.google.com.hk/books?id=JBiJx8wjKLUC&hl=&source=gbs_api
EBookSAMPLE
註釋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.