Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom - Softcover

Smith, Steven D.

Softcover

ISBN 10: 0195132483 ISBN 13: 9780195132489

Publisher: Oxford University Press, 1999

Synopsis

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

About this title

About the Author

Steven D. Smith is Professor of Law at the University of Notre Dame. He has taught and published extensively on legal subjects, including constitutional law and jurisprudence.

Edition details

• Publisher: Oxford University Press
• Publication date: 1999
• Language: English
• ISBN 10: 0195132483
• ISBN 13: 9780195132489
• Binding: Paperback
• Number of pages: 192