... Florida International University Everson Revisited : Religion , Education , and Law at the Crossroads ( 1997 ) edited by Jo Renée Formicola , Seton Hall University , and Hubert Morken , Regent University Sojourners in the Wilderness ...
Author: Jo Renee Formicola
Publisher: Rowman & Littlefield Pub Incorporated
ISBN: UOM:39015040533955
Category: Education
Page: 264
View: 712
Everson Revisited explores the consequences and future implications of Everson v. Board of Education, the landmark Supreme Court case that permitted the use of tax revenue to transport students to parochial schools while simultaneously calling for an impenetrable "wall of separation" between religion and public schools.
See Jo Renee Formicola, “Everson Revisited: “This Is Not . . . Just a Little Case over Bus Fares,” Polity 28 (Fall 1995): 49–66; Drakeman, “Everson v. Board of Education,” 131; Hamburger, Separation of Church and State, 460.
Author: Steven K. Green
Publisher: Oxford University Press, USA
ISBN: 9780190908140
Category: Church and state
Page: 457
View: 748
The Third Disestablishment examines the formative period in the development of church-state law and the rise and decline of church-state separation as a legal construct and a cultural value.
In response, in 1943 the New Jersey chapter turned to litigation, relying upon Arch R. Everson as the plaintiff and Albert ... 157 Daryl R. Fair, “The Everson Case in the Context of New Jersey Politics,” in Everson Revisited: Religion, ...
Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 9780674038189
Category: Law
Page: 528
View: 972
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Fair, Daryl R. “The Everson Case in the Context of New Jersey Politics.” In Formicola and Morken, Everson Revisited, 1-22. Fair, Daryl R. “Remove from the Schoolhouse.” New jersey History 99 (Spring/ Summer 1981): 49-65.
Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 9780521119184
Category: Law
Page: 383
View: 382
This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
Murray cited in Jo Renee Formicola , " Catholic Jurisprudence on Education , " in Everson Revisited : Religion , Education , and Law at the Crossroads , ed . Jo Renee Formicola and Hubert Morken ( Lanham , MD : Rowman & Littlefield ...
Author: Kenneth L. Grasso
Publisher: Rowman & Littlefield
ISBN: 0742551938
Category: Freedom of religion
Page: 264
View: 725
The late Pope John Paul II frequently invoked Dignitatis Humanae as one of the foundational documents of contemporary Church social teaching. In this timely new edited collection, Catholicism and Religious Freedom: Contemporary Reflections on Vatican II's Declaration on Religious Liberty, Kenneth L. Grasso and Robert P. Hunt have assembled an impressive group of scholars to discuss the current meanings of one the Vatican's most important documents and its place in the Church. Dignitatis Humanae understands itself as bringing 'forth new things that are in harmony with the old.' Today, forty years after its publication, the precise nature of these 'new things' and their relationship to 'the old' remain among the most important pieces of unfinished business confronting Catholic social thought. The theological issues brought forth in Dignitatis Humanae go to the heart of the contemporary debate about the nature, foundation, and scope of religious liberty. Here, the contributors to this volume give these considerations the serious and sustained attention they deserve.
Introduction In 1997 , we published Everson Revisited , a book to commemorate the fiftieth anniversary of the landmark church - state education case , Everson v Board of Education . In that original law suit , a New Jersey taxpayer ...
Author: Hubert Morken
Publisher: Rowman & Littlefield
ISBN: 0847697215
Category: Education
Page: 356
View: 252
The Politics of School Choice is the first comprehensive examination of diverse efforts to promote tax credits, public vouchers, private scholarships, and charter schools. Morken and Formicola provide the most current national report on the burgeoning American school choice movement. They analyze the strategies and tactics being used by a wide variety of individuals and organizations to leverage change, pass laws, win court cases, and mobilize community support to build successful, winning, school choice coalitions. Based largely on extensive interviews, documentary research, and surveys, this book covers the spectrum of school choice options and shows how they are being promoted in the United States today. It explains who the players are, what types of programs they endorse, and the various rationales behind them. The authors report the views of the entrepreneurs, religious leaders, heads of think tanks and foundations, public litigators, scholars, activists, minority leaders, and politicians who are in the forefront of providing parents with resources for educational alternatives. Finally, Morken and Formicola cover the strengths and weaknesses of the school choice issue, concluding that the movement has a wide ranging membership, that is uneven in its implementation, and that it is taking different forms in various regions of the country. As the pace of change accelerates and new school choice programs proliferate, this study is a critical resource for all those concerned about the present and future staus of American education.
Looming church - state issues were far from settled after Everson . The Everson opinions were immediately and hotly contested.84 The uncompromising tenor of the opinions evoked their own refutation . ... eds . , Everson Revisited , 23 .
Author: William M. Wiecek
Publisher: Cambridge University Press
ISBN: 0521848202
Category: History
Page: 760
View: 164
The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
Fair, “The Everson Case intheContext ofNew Jersey Politics,” in Everson Revisited: Religion, Education, and Lawat the Crossroads, ed. Jo Renee Formicolaand Hubert Morken (Lantham, MD: Rowan & Littlefield,1998),1–21. 63. Everson v.
Author: Steven K. Green
Publisher: Oxford University Press
ISBN: 9780199913459
Category: Religion
Page: 304
View: 733
Steven K. Green tells the story of the nineteenth-century School Question, the nationwide debate over the place and funding of religious education, and how it became a crucial precedent for American thought about the separation of church and state.
Daryl R. Fair, “The Everson Case in the Context of New Jersey Politics,” in Everson Revisited: Religion, Education, and Law at the Crossroads, ed. Jo Renee Formicola and Humbert Morken (Lanham, MD: Rowman & Littlefield, 1997). 29.
Author: Andrew R. Lewis
Publisher: Cambridge University Press
ISBN: 9781108285612
Category: Political Science
Page:
View: 169
The Rights Turn in Conservative Christian Politics documents a recent, fundamental change in American politics with the waning of Christian America. Rather than conservatives emphasizing morality and liberals emphasizing rights, both sides now wield rights arguments as potent weapons to win political and legal battles and build grassroots support. Lewis documents this change on the right, focusing primarily on evangelical politics. Using extensive historical and survey data that compares evangelical advocacy and evangelical public opinion, Lewis explains how the prototypical culture war issue - abortion - motivated the conservative rights turn over the past half century, serving as a springboard for rights learning and increased conservative advocacy in other arenas. Challenging the way we think about the culture wars, Lewis documents how rights claims are used to thwart liberal rights claims, as well as to provide protection for evangelicals, whose cultural positions are increasingly in the minority; they have also allowed evangelical elites to justify controversial advocacy positions to their base and to engage more easily in broad rights claiming in new or expanded political arenas, from health care to capital punishment.
Everson Revisited: School-Aid and Catholic Disputes in the Modern State Everson v. Board of Education involved each of the elements discussed in this chapter. It declared the applicability of the Establishment Clause to the states ...
Author: T. Jeremy Gunn
Publisher: Oxford University Press
ISBN: 9780199860395
Category: History
Page: 426
View: 879
This book shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays in the volume stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today.