Religion and the Law of Church and State and the Supreme Court

By Philip B. Kurland | Go to book overview

NOTES
1
MCCLOSKEY, THE AMERICAN SUPREME COURT251 ( 1960).
2
MURRAY, WE HOLD THESE TRUTHS 58 ( 1960).
3
Id., at pp. 58-59.
4
Cf. 4 JORDAN, THE DEVELOPMENT OF RELIGIOUS TOLERATION IN ENGLAND 475 ( 1940): "It is likewise apparent that religious indifference became for the first time widespread in England during the last decade of the revolutionary era. This most powerful dissolvent of religious zeal was to be a factor of very great importance in the development of religious toleration. The indifferent man is tolerant of all religions because he lends his devotion to none."
5
Cf. id. at 482: "We may suggest, furthermore, that the convincing fact of religious diversity imposed a spiritual necessity of religious liberty quite as persuasively as it suggested the political necessity for the legal toleration of orderly dissent."
6
Cf. TAWNEY, RELIGION AND THE RISE OF CAPITALISM 205 ( 1937 ed.): "A many-sided business community could escape constant friction and obstruction only if it were free to absorb elements drawn from a multitude of different sources, and if each of these elements were free to pursue its own way of life, and--in that age the same thing--to practice its own religion."
7
JORDAN, op. cit. supra note 4, at 476-77.
8
See, e.g., MILLER, ROGER WILLIAMS ( 1953); ERNST, THE POLITICAL THOUGHT OF ROGER WILLIAMS ( 1929).
9
2 BRYCE, THE AMERICAN COMMONWEALTH 698 ( 3d ed. 1903).
10
Cf. Gomillion v. Lightfoot, 364 U.S. 339, 347 ( 1960): "While in form this is merely an act redefining metes and bounds, if the allegations are established, the inescapable human effect of this essay in geometry and geography is to despoil colored citizens, and only colored citizens, of their theretofore enjoyed voting rights."
11
HAYEK, THE CONSTITUTION OF LIBERTY 209 ( 1960).
12
See LEVI, AN INTRODUCTION TO LEGAL REASONING41-72 ( 1948).
13
For earlier consideration of problems of church and state by the Court, see, e.g., Vidal v. Girard's Executors, 43 U.S. (2 How.) 127 ( 1844); Permoli v. Municipality # 1 of New Orleans, 44 U.S. (3 How.) 589 ( 1845). See also cases cited note 344 infra.
14
98 U.S. 145 ( 1878).

-113-

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Religion and the Law of Church and State and the Supreme Court
Table of contents

Table of contents

  • Title Page 3
  • Preface 7
  • Contents 11
  • Part One - A Doctrine In Search of Authority 13
  • Introduction 16
  • Part Two - Authorities In Search of a Doctrine 19
  • 2 - The Early Mormon Cases 21
  • 3 - The Apocrypha 26
  • 4 - The Problem Of Standing to Sue 32
  • 5 - "Patriotism is Not Enough" -- or is It? 37
  • 7 - The Trial of "Saint Germain"' 75
  • 8 - The School Bus Case: The Precedent of Byron's Julia 80
  • 9 - Released Time: The Precedent of Julia Again 86
  • 10 - Of Czar and Commissar 91
  • 11 - Never on Sunday 97
  • 12 - The Notary's Oath 107
  • Part Three- Conclusion 109
  • 13 - Conclusion 111
  • Notes 113
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