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Book synopsis

Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable 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.

Book details

Book category Books in English Law Laws of Specific jurisdictions Constitutional & administrative law

• Full title: Foreordained Failure
• Subtitle: The Quest for a Constitutional Principle of Religious Freedom
• Author: Steven D. Smith
• Language: English
• Binding: Paperback
• Number of pages: 186
• EAN: 9780195132489
• ISBN: 0195132483
• ID: 04514914
• Publisher: Oxford University Press Inc
• Weight: 306 g
• Dimensions: 234 × 152 × 15 mm
• Date of publishing: 17. June 1999

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