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Vol 21 No 10 Oct/Nov 2016

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Church-State Relations in Crisis

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ISBN13: 9780742515086
ISBN: 0742515087
Published: June 2004
Publisher: Rowman & Littlefield
Format: Hardback
Price: Out of print



Increasingly the Supreme Court's strict separationist, no-aid-to-religion doctrine that was in favour 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 versus Helms decision as the starting point for his discussion and argues that Mitchell versus 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"" offers a well-balanced collection and a source for debate on the future of government and religion in the United States.

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Contents:
Mitchell versus Helms; Justice Thomas's plurality opinion - yet another definition of neutrality, Frank Guliuzza III; Justice Thomas's plurality opinion - the subtle dangers of neutrality theory unleashed, Derek H. Davis; the O'Connor concurring opinion - interpretive determinism and neutrality's pitfalls, Gregory W. Hamilton; the O'Connor concurring opinion - accommodation and jurisprudence, Julia K. Stronks; Justice Souter's dissent - correct but inadequate, Alan Brownstein; the Souter dissent - a failed argument, Kevin J. Hasson, Roman P. Storzer; neutrality in establishment clause interpretation - its past and future, Frederick Mark Gedicks; neutrality in establishment clause interpretation - a potentially radical right turn, Erwin Chemerinsky; neutrality and public policy - hidden public policy traps in Mitchell versus Helms, Clarke E. Cochran; neutrality and public policy - the more things change the more they stay the same, Gregg Ivers.