Masters of illusion: the Supreme Court and the religion clauses
Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. InMasters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions.
Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.
|Grouped Work ID||176117db-65bc-e7bd-f402-dad6a48d7b19|
|Grouping Title||masters of illusion the supreme court and the religion clauses|
|Grouping Author||ravitch frank s|
|Last Grouping Update||2018-08-06 04:40:45AM|
|Last Indexed||2018-09-19 04:52:51AM|
|author||Ravitch, Frank S., 1966-|
|author_display||Ravitch, Frank S|
|owning_library_arlington||Arlington Public Library Online, Aurora Hills Online, Central Online, Cherrydale Online, Columbia Pike Online, Connection Crystal City Online, Detention Center Online, Glencarlyn Online, Local History Online, Plaza Online, Shirlington Online, Westover Online|
|record_details||external_econtent:ils:.b13011534|eBook|eBook||English|New York University Press,||xii, 241 pages ; 24.|
|title_display||Masters of illusion : the Supreme Court and the religion clauses|
|title_full||Masters of illusion : the Supreme Court and the religion clauses / Frank S. Ravitch|
|title_short||Masters of illusion :|
|title_sub||the Supreme Court and the religion clauses|