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 "Click for larger image")
How Free Can Religion Be?
Randall P. Bezanson
Cloth978-0-252-03112-0
$29.95
| Pub Date: | 2006 |
| Pages: | 296 pages |
| Dimensions: | 6 x 9 in. |
A Socratic discussion of eight provocative Supreme Court decisions on church/state separation
Randall P. Bezanson's How Free Can Religion Be? explores the Supreme Court's varied history of interpreting the religious guarantees outlined in the First Amendment. The book discusses eight provocative Supreme Court decisions to track the evolution of Free Exercise and Establishment Clause doctrine, focusing on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion.
Understanding the First Amendment as a complex stew of untested political theory, fear of unlimited central government, universal acceptance of Christianity, uncertain ideas about liberty, and the backbone of a secular democracy, Bezanson evaluates the way that the Supreme Court has invoked historical perspectives to follow the shifting threads of judicial theory through a series of detailed case studies. Beginning with cases in the latter half of the nineteenth century, the cases present new problems and revisit some old ones as well: the Mormon Church's claimed belief in polygamy; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
Historical but not a work of history, How Free Can Religion Be? invites readers into a rewarding examination of the contested and ever-changing role and meaning of religion in America. Rather than aiming at conclusions about whether the Court's varied enforcment of the First Amendment's ambiguously worded guarantees is right or wrong, Bezanson instead works to identify the principles underlying the changes. Using transcripts of oral arguments before the Supreme Court accompanied by his own editorial narration, he engages the reader in a revealing Socratic discussion of the issues and encourages them to draw their own conclusions.
"A book in the crowded field of church-state relations that takes a well-minded subject and presents its familiar material in a refreshingly thought-provoking way."--Journal of Church and State
"How Free Can Religion Be? is a happy combination of cutting-edge thought and careful exposition of fundamental constitutional questions. Its case studies are presented as stories--not primarily stories of fact but stories of ideas. Collectively, they illustrate the evolution of Supreme Court jurisprudence with respect to the relationship between religion and government. Scholars will find ample food for thought in Bezanson's analysis of the thinking of litigators and jurists and in his assessment of the social consequences of the direction(s) the Court has taken. A wider audience will appreciate the book's timely and broadly appealing subject, its clear language and explanations, and its strong narrative interest."--Joan DelFattore, author of The Fourth R: Conflicts over Religion in America's Public Schools
"How Free Can Religion Be? provides an insightful and accessible analysis of complex social and constitutional issues. Throughout the book, Bezanson demonstrates a deep appreciation for the difficult task the Supreme Court faces in trying to strike an appropriate balance for the place of religion in American law and society."--Samuel J. Levine, associate professor of law, Pepperdine University
Randall P. Bezanson is the David H. Vernon Distinguished Professor of Law at the University of Iowa. He is the author of many books, including How Free Can the Press Be?
Subjects:
Communications & Journalism / Law / Religion
