A Standard for Repair

, by Gunn, T. Jeremy

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ISBN: 9780815308935 | 0815308930
Cover: Hardcover
Copyright: 9/1/1992

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Preface
The Establishment Clause
Introduction: Religion and the Constitution	p. 3
The Centrality of the Constitution	p. 3
The Religion Clauses	p. 7
Religious Test Clause	p. 7
The First Amendment	p. 10
The Wall of Separation	p. 11
Accommodation of Religion	p. 21
The Founders' Intent	p. 23
The Founders' Practices	p. 28
Legal Positivism	p. 34
First Congress Debates on the Establishment Clause	p. 39
Prelude to the First Congress Debates	p. 39
The First Congress Debates	p. 41
The Debates of August 15, 1789	p. 44
Adoption of the Establishment Clause	p. 59
Conclusions	p. 64
The Meaning of "Establishments of Religion" in Eighteenth-Century America	p. 69
Uses of "Establishment"	p. 71
The Quebec Act	p. 73
Tennent and the South Carolina Constitution	p. 78
Virginia's Establishment Bills	p. 81
Massachusetts and the Constitution of 1780	p. 88
Conclusion	p. 95
Ideological Underpinnings of the Constitution: Natural Rights and Equality
Structure of Constitutional Rights I: The Revolutionary Period	p. 99
The Background to Revolution	p. 99
Natural Rights	p. 99
Sovereignty and Equality	p. 109
The Declaration of Independence	p. 117
The State Constitutions	p. 119
Structure of Constitutional Rights II: The United States Constitution	p. 135
The Constitutional Convention	p. 135
Ratification Debates	p. 143
Pennsylvania as Prolegomenon	p. 143
National Proliferation	p. 152
The First Congress Debates and the Ninth Amendment	p. 165
A Standard for Repair: Principles, Practices, and Equality	p. 177
Equality and Religion	p. 177
Equality: Principle or Practice?	p. 184
Three Chief Justices	p. 184
Practices over Principles	p. 187
Conclusion	p. 197
Bibliography	p. 201
Table of Cases	p. 215
Index	p. 217
Table of Contents provided by Blackwell. All Rights Reserved.

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