Religion and the American Constitutional ExperimentReligion and the American Constitutional Experiment, 5th ed. (New York: Oxford University Press, 2022) (with Joel A. Nichols and Richard W. Garnett)
Description
This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups. Table of Contents
List of Tables and Figures Preface Introduction 1. The American Experiment in Historical Context
2. The Theology and Politics of the Religion Clauses
3. The Essential Rights and Liberties of Religion
4. Forging the First Amendment Religion Clauses
5. The Free Exercise of Religion: Mapping the Doctrinal Terrain
6. First Amendment Religious Exercise, Expression, and Exemption
7. The Free Exercise of Religion: Neutrality, Nondiscrimination, and Statutory Rights
8. Modern Establishment Law: Mapping the Doctrinal Terrain
9. Religion and Public Education: No Establishment of Religion, But Equal Access for Religion
10. Government and Religious Education: From Accommodation to Separation to Equality
11. Religion and Public Life
12. The Freedoms of Religious Organizations
Concluding Reflections Signs of Trouble Enduring Principles, New Applications Appendices
Index Reviews
For the Fifth Edition: “This magisterial revision of Religion and the American Constitutional Experiment is an accessible and authoritative guide through the remarkable but tortuous history of America's unique approach to religious freedom. Clear without over-simplification, comprehensive without pedantry, it portrays a system that enabled the United States to become a society where members of all religions and no religion could not only live together in relative harmony but flourish.” -- Mary Ann Glendon, Learned Hand Professor of Law emerita, Harvard University For the Fourth Edition: “This book by John Witte and Joel Nichols is probably the best combination that exists of historical background, theoretical understanding, and legal doctrines of the religion clauses. It allows scholars, students, and other citizens to grasp the history behind the clauses without undertaking full-scale research on their own. The book is also a superb source to understand modern controversies and how courts are dealing with them.” -- Kent Greenawalt, University Professor, Columbia Law School “In evenhanded and clear prose, Witte and Nichols provide a clear and comprehensive history of religious liberty in the United States. Broad in scope, updated with the latest developments, and supplemented with impressive appendices that catalog state constitutional provisions and Supreme Court decisions, this text offers cogent analysis from leading scholars of law and religion. Already a trusted and valuable classroom resource, this book will also enlighten those seeking a deeper understanding of the contours of this important topic.” -- Amy E. Black, Professor of Political Science, Wheaton College “In the inevitably contentious field of church-state constitutional issues in America, it is rare to find a volume that is as accessible, thoughtful, and measured as Religion and the American Constitutional Experiment by John Witte, Jr. and Joel A. Nichols. Their remarkable ability to create order in the midst of the chaos of the ever-changing constitutional law of religious liberty makes this an ideal volume for classroom use, and this new fourth edition updates the church-state story through the US Supreme Court’s 2015 decisions.” -- Journal of Church and State “The authors provide clear description of complicated case law and public policy for students and citizens. They reveal patterns and principles on a subject often caricatured by wild generalizations and widespread confusion. Academics and experts across a range of fields and professions will appreciate their fine analysis and comprehensive scholarship. The authors refute a weak postmodernist critique of religious freedom and offer a provocative perspective on the history of liberty of conscience.” -- Patrick Horn, Reading Religion For the Third Edition: “This new edition of John Witte’s indispensable volume, done in collaboration with Joel Nichols, lives up to the standards of the previous volumes. Anyone interested in religious liberty and freedom, besieged in so many parts of the world, will find their narrative of the struggle for religious rights and liberties in American history illuminating. It is impossible to recommend this book too highly.” -- Jean Bethke Elshtain, The University of Chicago “This book is an extremely valuable, easily readable history of understandings of free exercise and nonestablishment. In a field in which that history is often portrayed to support one modern outlook or another, the account the authors provide is lucid, full, balanced, and highly persuasive.” -- Kent Greenawalt, Columbia Law School “This study of America’s ongoing effort to secure religious freedom through constitutional law is invaluable, and illuminating, for students and scholars alike. The key principles that originally informed and inspired that effort are identified and clarified; important ideas like ‘church-state separation’ and ‘liberty of conscience’ are unpacked; the twists and turns of the Supreme Court’s First Amendment decisions and doctrines are helpfully navigated; and the American model of religious liberty is put in revealing conversation with others around the world. This edition’s new and timely treatments of the rights and role of religious organizations, and of present-day attempts to downplay the distinctiveness of religion, make an already indispensable resource even better than it was.” -- Richard W. Garnett, Notre Dame Law School For Previous Editions: “A close examination of the context in which the United States committed itself to religious freedom, a valuable presentation of the Supreme Court decisions that have advanced or retarded the great project of religious freedom, and a striking measurement of present American law by international human rights law. A rich resource to be mined, a fair and friendly guide offering directions to the perplexed of good will, and a reasoned and robust call to redress the present balance.” -- John T. Noonan, Jr., United States Court of Appeals “By this book, John Witte has established himself as a leading scholar in the history of American constitutional law of religious liberty. Its excellent topical analysis and its thorough coverage and documentation makes it a perfect textbook, and by virtue of its profound insights it is essential reading for scholars in the field. Indeed, its lively and engaging style makes it accessible to all educated people.” -- Harold J. Berman, Emory University “John Witte has provided an excellent interdisciplinary review of the American experiment in religious liberty. He ably integrates the law, the history, and theology from colonial times to the latest issues before the Supreme Court.” -- Douglas Laycock, University of Texas, Austin “Witte does a masterful job in compressing a complex and controversial story into a lucid and engaging narrative. This book illuminates, excites reflection, and invites a reappraisal of the essential rights and liberties of religion in America.” -- Journal of Church and State “How fortunate is the reader to be provided with an ‘introduction’ of this character: comprehensive, systematic, penetrating, ironic, and throughout magnificently clear. Because the subject is complex, the reader will welcome the author’s steady determination to see the reader is neither lost nor confused. The ample notes are there not to impress, but to guide; it would be difficult to exaggerate their pedagogical utility, or that of the appendices. The bibliography tells us what we already know: Witte has read it all.” -- Edwin S. Gaustad, University of California, Riverside Book Review Symposium
John Witte, Jr.: The Past, Present and Future of a Law and Religion Trailblazer, Journal of Law and Religion 38, Volume 1 (January 2023)
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Ecuadorian Translation 2020
Spanish Translation 2018
Chinese Translation
2012
Chinese Translation 2011
Peruvian Translation 2021
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