Church-state relations in crisis : debating neutrality
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Bibliographic Information
Church-state relations in crisis : debating neutrality
Rowman & Littlefield, c2002
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Includes bibliographical references and index
Description and Table of Contents
Description
Increasingly the Supreme Court's strict separationist, no-aid-to-religion doctrine that was in favor during the 1970s and 1980s is being challenged by a new approach aimed at equal treatment or neutrality. In Church-State Relations in Crisis, political scientist Stephen V. Monsma explores the neutrality principle and arguments for and against it. Monsma uses the Supreme Court's Mitchell v. Helms decision as the starting point for his discussion and argues that Mitchell v. Helms more directly than any other decision was based on this new idea of neutrality in Church-State relations. Monsma examines the three, strongly worded opinions of the court, and presents ten diverse essays by leading scholars analyzing the opinions and their impact on the establishment clause interpretation and public policy. Designed specifically for students of the law and religion and politics, Church-State Relations in Crisis is a well-balanced collection and an outstanding source for debate on the future of government and religion in the United States.
Table of Contents
Chapter 1 Introduction Chapter 2 Mitchell vs. Helms Chapter 3 The Thomas Plurality Opinion: Yet Another Definition of Neutrality Chapter 4 The Thomas Plurality Opinion: The Subtle Dangers of Neutrality Theory Unleashed Chapter 5 The O'Connor Concurring Opinion: Interpretive Determinism and Neutrality's Pitfalls Chapter 6 The O'Connor Concurring Opinion: Acommodation and Jurisprudence Chapter 7 The Souter Dissent: Correct but Inadequate Chapter 8 The Souter Dissent: A Failed Argument Chapter 9 Neutrality in Establishment Clause Interpretation: Its Past and Future Chapter 10 Neutrality in Establishment Clause Interpretation: A Potentially Radical Right Turn Chapter 11 Neutrality and Public Policy: Hidden Public Policy Traps in Mitchell v. Helms Chapter 12 Neutrality and Public Policy: The More Things Change the More They Stay the Same Chapter 13 Concluding Observations
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