Religious liberty and the American founding : natural rights and the original meanings of the First Amendment Religion Clauses / Vincent Phillip Muñoz.
2022
KF4783 .M859 2022 (Mapit)
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Title
Religious liberty and the American founding : natural rights and the original meanings of the First Amendment Religion Clauses / Vincent Phillip Muñoz.
Imprint
Chicago : University of Chicago Press, 2022.
Copyright
©2022
Description
x, 334 pages ; 23 cm
Formatted Contents Note
Introduction: Natural rights and the First Amendment Religion Clauses
Philosophy: the Founders' political philosophy of religious liberty. The Founders' first agreement: the natural right of religious liberty is possessed by all individuals
The Founders' second agreement: society compact theory, freedom of worship, and religious liberty as an inalienable right
The foundations of the Founders' agreements: the Founders' philosophies and theologies of the natural right of religious liberty
The Founders' disagreement: natural rights and the separation of church from state
Constitutional originalism: the original meanings of the religion clauses. The original meaning of the establishment clause
The original meaning of the free exercise clause
Constitutional meaning: constructing the religion clauses. Natural rights constructions of the First Amendment's Religion Clauses
How the natural rights constructions would adjudicate actual cases. Conclusion: Should we adopt the natural rights constructions?
Philosophy: the Founders' political philosophy of religious liberty. The Founders' first agreement: the natural right of religious liberty is possessed by all individuals
The Founders' second agreement: society compact theory, freedom of worship, and religious liberty as an inalienable right
The foundations of the Founders' agreements: the Founders' philosophies and theologies of the natural right of religious liberty
The Founders' disagreement: natural rights and the separation of church from state
Constitutional originalism: the original meanings of the religion clauses. The original meaning of the establishment clause
The original meaning of the free exercise clause
Constitutional meaning: constructing the religion clauses. Natural rights constructions of the First Amendment's Religion Clauses
How the natural rights constructions would adjudicate actual cases. Conclusion: Should we adopt the natural rights constructions?
Summary
"Although originalism has powerfully influenced religious liberty jurisprudence, we know surprisingly little about the American Founders' political philosophy of church and state. What did the Founders mean when they declared religious liberty to be an "inherent," "natural" and "inalienable" right? In Religious Liberty and the American Founding, Vincent Phillip Munoz offers the most authoritative account to date of the Founders' philosophy and constitutionalism of religious liberty. Drawing on early state constitutions declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, the book documents and articulates the Founders' understanding of the original meaning of the First Amendment's Religion Clauses, and constructs a natural rights jurisprudence of religious liberty, exploring and explaining how the Founders' principles would adjudicate church-state issues. Contrary to what many might assume, Munoz shows that adherence to the Founders would lead neither to consistently conservative nor consistently liberal results, but rather to a novel church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KF4783 .M859 2022
Language
English
ISBN
9780226821429 hardcover
0226821420 hardcover
9780226821443 paperback
0226821447 paperback
9780226821436 electronic book
0226821420 hardcover
9780226821443 paperback
0226821447 paperback
9780226821436 electronic book
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