Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Cl
Vincent Phillip Muñoz, "Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Cl"
English | ISBN: 0226821447 | 2022 | 344 pages | PDF | 1084 KB
English | ISBN: 0226821447 | 2022 | 344 pages | PDF | 1084 KB
An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom.
The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty.
Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing,
Read more