Liberty of Conscience, Free Exercise of Religion, and the US Constitution

Author(s):  
Nathan S. Chapman
Author(s):  
Rosamond C. Rodman

Expanding beyond the text of the Bible, this chapter explores instead a piece of political scripture, namely the Second Amendment of the US Constitution. Over the last half-decade, the Second Amendment has come to enjoy the status of a kind of scripture-within-scripture. Vaulted to a much more prominent status than it had held in the first 150 years or so of its existence, and having undergone a remarkable shift in what most Americans think it means, the Second Amendment provides an opportunity to examine the linguistic, racial, and gendered modes by which these changes were effected, paying particular attention to the ways in which white children and white women were conscripted into the role of the masculine, frontier-defending US citizen.


1981 ◽  
Vol 10 (2) ◽  
pp. 47-50
Author(s):  
Geoffrey Rips

What was known in the United States as the ‘underground press’ – self-published newspapers of the youth counterculture sold at street corners and around campuses in American cities during the 1960s and early 70 s – was once a significant network estimated at over 400 publications. Their hallmark was opposition to US involvement in the Vietnam War, criticism of the authorities, of uncontrolled technology and big business, advocacy of sexual freedom and artistic experimentation and, frequently, the advocacy of marijuana, LSD and other psychedelic drugs. Few of these publications have survived the past ten years, and their disappearance has been variously attributed to the cooling of radical interest after the American withdrawal from Vietnam, as well as to the vague and shifting nature of the ‘hippie’ scene. Complaints by their publishers during the early and mid-seventies that printers refused their business, that office rents suddenly doubled, that advertising was cancelled, that papers were lost – these were seen as local accidents and were rarely reported by the established media. Claims of official or officially-sanctioned harassment were dismissed – even by fellow radicals – as paranoid. Recent research by Geoffrey Rips of the PEN American Center has revealed the extent and variety of official pressure exerted against alternative publications during the Vietnam War period. Using evidence from government hearings like the Church Committee, which reported in 1976, actual FBI documents released to American PEN under the Freedom of Information Act, and other sources, Mr Rips argues that such harassment contributed materially to the closure of certain publications and in general terms constituted a gross infringement on the protection afforded to dissenting opinion and to a free press under the US constitution. We publish edited extracts here from Geoffrey Rips' report which will be published in full by the PEN American Center and the City Lights Press.


Author(s):  
Sergey Polischuk

The article examines the main political events that took place in the United States from the controversial election results to the tragic events on Capitol Hill for Trump supporters, which led to human casualties, finally untied the hands of the Democrats and allowed them to bury all the democratic values that America has taught the whole world since the adoption of the US Constitution and the Bill of Rights by the founding fathers of the state.


2006 ◽  
Vol 13 (1) ◽  
pp. 43-71 ◽  
Author(s):  
FARLEY GRUBB

The monetary powers embedded in the US Constitution were revolutionary and led to a watershed transformation in the nation's monetary structure. They included determining what monies could be legal tender, who could emit fiat paper money, and who could incorporate banks. How the debate at the 1787 constitutional convention over these powers evolved and led the founding fathers to the specific powers adopted is presented and deconstructed. Why they took this path rather than replicate the successful colonial system and why they codified such powers into supreme law rather than leaving them to legislative debate and enactment are addressed.


Legal Theory ◽  
2009 ◽  
Vol 15 (4) ◽  
pp. 245-266
Author(s):  
Marc O. DeGirolami

This essay critiques Professor Martha Nussbaum's book, Liberty of Conscience: In Defense of America's Tradition of Religious Equality (2008). Nussbaum's thesis is that the entire tradition of religious liberty in America can be both best understood (as a historical exercise) and justified (as a philosophical one) by recourse to the overarching principle of equal respect—that “[a]ll citizens have equal rights and deserve equal respect from the government under which they live.” Nussbaum insists that equal respect pervades the tradition and that all other values of religious liberty are subordinate to it. She examines various free-exercise and establishment issues in light of this principle, concluding that the tradition of religious equality is under threat and calling for renewed vigilance in its defense. This essay criticizes Nussbaum's elevation of the principle of equal respect to supreme normative status. It claims that Nussbaum's single-minded focus on equal respect distorts and misunderstands the conflicts actually at issue in many religious liberty disputes. The essay focuses specifically on the inadequacies of her assessment of two prominent religious liberty cases, one in the free exercise and the other in the established context. This essay concludes that there are reasons for deep skepticism about Nussbaum's approach as a comprehensive theory of the religion clauses.


2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.


2021 ◽  
Vol 66 (6) ◽  
pp. 27-49
Author(s):  
Włodzimierz Okrasa

Censuses of population and housing in the United States are of particular interest to experts in many disciplines – in addition to statisticians, also to demographers, political scientists, sociologists, historians, and even psychologists and anthropologists. This is so not only because of the long history of US censuses (the first census in the US was carried out in 1790) or methodological innovations, but due to immigration responsible for the dynamic population growth, and to the specific purpose of the census, which is ensuring the proportional (according to the numer of inhabitants) distribution of seats in the lower chamber of Congress and federal funds (apportionment), guaranteed by the US Constitution. The heterogeneity of the American society, both in the racial-ethnic and religious-cultural sense, in addition to the above considerations, raise questions about the purposes of those changes and directions for improvement in subsequent censuses. The aim of the article is to present the problems and challenges related to censuses in the USA. The paper focuses on methodological and operational solutions that can be implemented thanks to several improvements, including the progress in the fields of statistics and technology. The paper also discusses the issues of credibility of the census data, based on the example of immigration from Poland and the Polish diaspora in the USA.


Sign in / Sign up

Export Citation Format

Share Document