Church-State Constitutional Issues
Making Sense of the Establishment Clause
Series: Contributions in Legal Studies
By Donald L. Drakeman
0-313-27663-3/978-0-313-27663-7
Description
This volume explores the often-debated and always topical issue of the relationship between church and state as outlined in the First Amendment. Drakeman takes an interdisciplinary approach to examine the meaning of the establishment clause, demonstrating how the studies of law, religion, history, and political science provide insight into this relationship which, since the nation's inception, has been difficult to define. These viewpoints combine to offer a new interpretation of the establishment clause, marking the work as a valuable tool toward further understanding of this complex issue.
Reviews:
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Drakeman examines the history of the church and state issues in the US, explores the meaning of the establishment clause in the First Amendment, and proposes a new interpretive framework for preventing government from aiding any one religion or from discriminating against any particular religion. To arrive at his own interpretive framework, Drakeman reviews the context of the Supreme Court's interpretation of the establishment clause by chronicling the most significant constitutional cases from the 19th century until today. Reliance on the Founding Fathers' intent toward the establishment clause is considered flawed because the evidence of their intentions is too sparse, and no clear mandate of their feelings on the separation of church and state is evidenced in historical records. Thus, Drakeman rejects originalism and proposes the use of a religiously nonpreferential endorsement doctrine whereby religion is not given special treatment by the government, yet whereby a religious institution is not singled out as one type of charitable organization ineligible for available government benefits. Upper-division undergraduates and above.
—Choice
Endorsement From Edward McGlynn Gaffney, Jr. Dean, Valparaiso University Law School
Mr. Drakeman has succeeded in offering his readers a concise review of all the major cases in the Supreme Court interpreting the establishment clause, a sharp criticism of the Court's performance, and a useful alternative interpretation of how the clause might guide public policy. In an area of the law where controversy too easily becomes acrimonious, he remains serenely in control of his materials, objective, and balanced.
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0-313-27663-3
978-0-313-27663-7
Church-State Constitutional Issues
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