Original Intent: Chief Justice Rehnquist and the Course of American Church-State Relations [Hardcover]

Derek Davis (Author)

Book Description

Publication Date: May 1991

This is a readable and objective summary of the views of Chief Justice Rehnquist and an enlightening treatise on the future of church/state relations in America.

Editorial Reviews

From Publishers Weekly

The separation of church and state, a First Amendment principle long upheld by the U.S. Supreme Court, is now endangered, according to attorney Davis. In an important, dispassionate, disturbing brief, he faults the "accommodationist" philosophy of Chief Justice William Rehnquist who believes that the government should be free to dispense aid to various religious groups so long as no favoritism is involved. Rehnquist's majority decision in last year's Smith case, which implies that government at all levels may support or limit religious practices if they choose to do so, is "frightening in its implications for religious liberty," contends Davis, associate editor of the Journal of Church and State. His closely argued treatise includes a valuable balance-sheet predicting how each of the current Supreme Court justices is likely to vote on future religious matters. Strict separationism is no threat to religious life in the U.S., claims Davis, an argument well worth pondering.
Copyright 1991 Reed Business Information, Inc.

From Library Journal

Davis, an attorney and an associate editor of the Journal of Church and State , argues that Chief Justice William Rehnquist's accommodationist interpretation of the First Amendment's prohibition against an establishment of religion portends serious changes in the Supreme Court's traditional separationist readings. Beginning with a brief personal profile, Davis then discusses Rehnquist's judicial philosophy, which emphasizes strict constructionism, a deference to other branches of government, and states' rights. He examines the debate about the original intent of the framers of the Constitution and ties it in with the First Amendment's religion clauses. In analyzing how the Supreme Court has interpreted these clauses over the years, he suggests that the Court is leaning toward Rehnquist's readings, which is not what the framers had in mind in their search for religious liberty and which does not bode well for future church-state relations.
-Robert W. Langran, Villanova Univ., Pa.
Copyright 1991 Reed Business Information, Inc.

Product Details

• Hardcover: 202 pages
• Publisher: Prometheus Books (May 1991)
• Language: English
• ISBN-10: 0879756497
• ISBN-13: 978-0879756499
• Product Dimensions: 8.1 x 5.5 x 0.6 inches
• Shipping Weight: 11.4 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #2,723,846 in Books (See Top 100 in Books)

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