American Public Religion in Frankfurter and Scalia’s Opinions.
- 1st ed.
- 1 online resource (220 pages)
- Law and Society .
- Law and Society .
Meadors demonstrates weaknesses in the originalist methodology for interpreting the religion clauses of the First Amendment. He concludes that even though courts have an important role to play in protecting religious liberty via the First Amendment this protection needs supplementation by robust advocacy among citizens and mediating institutions in the democratic process. His thesis is that Felix Frankfurter and Antonin Scalia found different forms of American public religion constitutional in their religion clause jurisprudences. Both applied originalist methodology in their religion clause opinions, but came to different conclusions. More specifically, Frankfurter focused primarily on the views of Thomas Jefferson and James Madison whereas Antonin Scalia has looked more broadly to the views and practices of John Adams, George Washington, and John Marshall in addition to Jefferson and Madison.
9781593327910
Scalia, Antonin -- Views of Church and state. Frankfurter, Felix, -- 1882-1965 -- Views on Church and state. Church and state -- United States -- Cases. Religious observances on public property -- Law and legislation -- United States -- Cases. Religious law and legislation -- United States -- Cases.