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Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one religion, as critics of the Court assert? The First Freedoms studies the church-state context of colonial and revolutionary America to present a bold new reading of the historical meaning of the religion clauses of the First Amendment. Synthesizing and interpreting a wealth of evidence from the founding of Virginia to the passage of the Bill of Rights, including everything published in America before 1791, Thomas Curry traces America's developing ideas on religious liberty and offers the most extensive investigation ever of the historical origins and background of the First Amendment's religion clauses.
The position of English monarchs as supreme governors of the Church of England profoundly affected early modern politics and religion. This innovative book explores how tensions in church-state relations created by Henry VIII's Reformation continued to influence relationships between the crown, Parliament and common law during the Restoration, a distinct phase in England's 'long Reformation'. Debates about the powers of kings and parliaments, the treatment of Dissenters and emerging concepts of toleration were viewed through a Reformation prism where legitimacy depended on godly status. This book discusses how the institutional, legal and ideological framework of supremacy perpetuated the language of godly kingship after 1660 and how supremacy was complicated by the ambivalent Tudor legacy. It was manipulated by not only Anglicans, but also tolerant kings and intolerant parliaments, Catholics, Dissenters and radicals like Thomas Hobbes. Invented to uphold the religious and political establishments, supremacy paradoxically ended up subverting them.
This is a collection of documents on English history. Editorial comment is directed towards making sources intelligible rather than drawing conclusions from them. Full account has been taken of modern textual criticism. A general introduction to each volume portrays the character of the period under review and critical bibliographies have been added to assist further investigation. Documents collected include treaties, personal letters, statutes, military dispatches, diaries, declarations, newspaper articles, government and cabinet proceedings, orders, acts, sermons, pamphlets, agricultural instructions, charters, grants, guild regulations and voting records. Volumes include genealogical tables, lists of officials, chronologies, diagrams, graphs and maps.
Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.