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Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom
by Steven D Smith
Binding: Paperback, 192 pages
Publisher: Oxford University Press, USA
List Price: USD $50.00
Weight: 64
Dimension: H: 0.75 x L: 9.02 x W: 0.5 inches
ISBN 10: 0195132483
ISBN 13: 9780195132489
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Book Description:
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the 'original meaning' are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a 'principle,' is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.

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