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Overview

Establishment

Subject: Religion

In ecclesiastical usage, the recognition by the State of a particular Church as that of the State. In OT Judaism and in much of the ancient world, religious observance was part of the ...

establishment clause

establishment clause   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
147 words

... clause The 1st Amendment to the U.S. Constitution states, “Congress shall make no law respecting an establishment of religion.” This establishment clause has been used by the Supreme Court to overturn, or declare unconstitutional, state laws involving the government in religious activities, such as prayers or religious programs in public schools. For example, the Court used the establishment clause to strike down state government laws in Engel v. Vitale ( 1962 ) and Wallace v. Jaffree ( 1985 ). There is general agreement that the...

establishment clause

establishment clause  

Reference type:
Overview Page
The 1st Amendment to the U.S. Constitution states, “Congress shall make no law respecting an establishment of religion.” This establishment clause has been used by the Supreme Court to overturn ...
Church and State, Separation of

Church and State, Separation of   Reference library

William M. Wiecek

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
914 words

... ( 1997 )). Issues involving the “establishment” clause generally proved more controversial, however, evoking efforts for constitutional amendments to overturn Supreme Court rulings. Questions of state aid to parochial schools and released time for religious education ignited the controversy. In Everson v. Board of Education ( 1947 ), Justice Hugo Black adopted a strict interpretation of separation and imposed Jefferson ’s metaphor of “a wall of separation” as a canonical reading of the First Amendment. Establishment controversies nevertheless continued,...

Buckley, William F., Jr.

Buckley, William F., Jr.   Reference library

J. David Hoeveler

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
303 words

... Buckley himself did not develop a consistent intellectual conservatism; his opinions could reflect any of the varieties he welcomed in his magazine. Usually, however, he saw American conservatives as a beleaguered minority standing against a dominant and privileged liberal establishment. Against this ascendancy, Buckley defended a conservative counterculture and its tribal loyalists. Through his longevity, sustained productivity, and public visibility, Buckley served the conservative intellectual movement as a paterfamilias. [ See also Anti-Communism ;...

Alcatraz, Occupation of

Alcatraz, Occupation of   Reference library

Troy Johnson

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
741 words

...occupation. Federal marshals removed the remaining protesters, nineteen months after Indians of All Tribes first occupied the island. The success or failure of the Indian occupation of Alcatraz Island should not be judged by whether the demands for title to the island and the establishment of the various institutions on the island were realized. The underlying goals of the Indians on Alcatraz Island were to awaken the American public to the reality of the plight of the first Americans and to assert the need for Indian self-determination. In this they were indeed...

Administrative State

Administrative State   Reference library

Williamjames Hull Hoffer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
2,652 words

...Bureau of Investigation in the Justice Department, and national security with the Espionage and Sedition Acts of 1917 and 1918 , respectively. During the New Era of the 1920 s, the administrative state was further expanded with the enactment of Prohibition, as well as the establishment of new regulatory agencies. These agencies, such as the Civil Aeronautics Board for air travel and the Federal Communications Commission for radio, helped foster the grow of these industries. The collapse of the economy into the Great Depression in 1929 posed a severe test...

Bill of Rights

Bill of Rights   Reference library

John P. Kaminski

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,417 words

...this incorporation extends the Bill of Rights is still a matter of debate. Certain of the amendments in the Bill of Rights have proven particularly contentious and have generated much litigation, judicial interpretation, and public discussion. The First Amendment’s ban on an “establishment of religion,” coupled with its prohibition against any restrictions on the “free exercise” of religion, has been the basis of many court challenges involving the separation of separation of church and state. Similarly, the First Amendment’s guarantee of freedom of speech and...

Budget, Federal

Budget, Federal   Reference library

Iwan Morgan

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,715 words

...expansion. In FY 1960 expenditure and receipts each constituted 17.8 percent GDP compared with 9.8 percent and 6.8 percent, respectively, in FY 1940 . Spending composition now prioritized defense over domestic programs. With the Cold War necessitating a huge military establishment, national security averaged 56 percent of outlays in FY 1955 – 1961 . Reinforced by the Employment Act of 1946 , which mandated federal maintenance of purchasing power, the budget also became the primary instrument of economic policy. Post- 1945 Democratic and Republican...

Civil Liberties

Civil Liberties   Reference library

Patrick M. Garry and Paul S. Boyer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
2,079 words

...s, however, calls for censorship came from political liberals advocating speech codes and advertising restrictions on “politically incorrect” speech. Perhaps the most heated and controversial of civil-liberties issues in the 1990 s were ones involving the First Amendment’s establishment-of-religion clause, such as crèches on public property, secular books for parochial school students, and prayer at public events. Yet despite public pressures, the strict church–state separation laid down by the Warren court survived. The end of the twentieth century brought...

Lemon Test

Lemon Test   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
107 words

...disputes about the meaning of the 1st Amendment's establishment clause, which concerns government involvement with religion. These three standards are known as the Lemon Test. In order for a statute not to violate the establishment clause, it must meet these three conditions: First, it must have a secular or nonreligious purpose. Second, it must neither promote nor restrict religion in its primary effects. Third, it must not bring about an excessive entanglement with religion. See also Establishment clause ; Lemon v. Kurtzman ; Religious issues...

Everson v. Board of Education of Ewing Township

Everson v. Board of Education of Ewing Township   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
666 words

...law did not violate the establishment clause of the 1st Amendment Justice Black wrote the following rules to guide decisions about the establishment clause: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion. … In the words of Jefferson, the clause against establishment of religion by law was...

free exercise clause

free exercise clause   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
55 words

...exercise clause The 1st Amendment to the Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Through its free exercise clause, the 1st Amendment protects the individual's right to freedom of conscience and free expression of religious beliefs. See also Religious issues under the...

Wallace v. Jaffree

Wallace v. Jaffree   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
639 words

...decided to file this suit after his three children reported that their teachers had led prayers in school. Jaffree claimed that the 1981 and 1982 Alabama statutes on prayer in public schools violated the establishment clause of the 1st Amendment to the U.S. Constitution, which prohibited the states from making laws regarding the establishment of religion. He cited Supreme Court decisions such as Engel v. Vitale ( 1962 ) and Abington School District v. Schempp ( 1963 ) to support his argument. In both cases, the Court found that state-mandated...

Connell, Raewyn

Connell, Raewyn (1944–)   Quick reference

A Dictionary of Gender Studies

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Sociology, Politics
Length:
89 words

...Connell, Raewyn ( 1944– ) Australian sociologist , instrumental in the establishment of masculinity studies and of southern theory. Also known as R.W. Connell, she is a trans woman who transitioned late in life. She coined the phrase ‘hegemonic masculinity’ to account for the dominance of men and the force of masculinity as a determining logic of everyday life. She also coined the expression ‘patriarchal dividend’ to denote the privilege that automatically accrues to all men by virtue of being men. Her best-known work in the field is Masculinities (...

Church and State, Separation of

Church and State, Separation of   Reference library

Melissa Rogers

The Oxford Companion to American Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics, Regional and Area Studies
Length:
2,599 words

...the Court’s references to church-state separation and its Establishment Clause doctrine more generally. In a dissenting opinion in the case of Wallace v. Jaffree, Rehnquist wrote: “It is impossible to build sound constitutional doctrine upon a mistaken understanding of constitutional history, but unfortunately the Establishment Clause has been expressly freighted with Jefferson’s misleading metaphor for nearly forty years.” The Establishment Clause was intended only to prohibit the establishment of a national religion and governmental preferences for one...

Abington School District v. Schempp

Abington School District v. Schempp   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
579 words

...the strictures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion. According to the Court, the Pennsylvania law on daily Bible reading in public schools failed to pass this establishment clause test. The state law failed because it advances religion. The Pennsylvania Bible-reading statute was therefore ruled unconstitutional. Dissent Justice Potter Stewart claimed that the Court had incorrectly applied the 1st Amendment's establishment clause in this case. He...

paternity suit

paternity suit   Quick reference

A Dictionary of Gender Studies

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Sociology, Politics
Length:
126 words

...marriages carries the taint of illegitimacy. For a long period in history and in many countries, paternity suits could therefore also act to give a certain legitimacy to a child. Paternity suits have become much easier with the advent of DNA testing which makes possible the establishment of genetic connections between...

bride price

bride price   Quick reference

A Dictionary of Gender Studies

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Sociology, Politics
Length:
108 words

...of African countries. It is distinct from the dowry , another form of payment in relation to women on marriage, and the trousseau, a practice in many western countries of an endowment given to women on marriage, either as payment to the husband’s family, or as part of the establishment of the bride and groom’s new household, or as a fall-back for the woman if she needs some independent...

civil partnership

civil partnership   Quick reference

A Dictionary of Gender Studies

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Sociology, Politics
Length:
118 words

...and putting homosexuals on the same public footing as heterosexuals, others argue against this. They regard such partnerships as reproductive of heterosexual relationship confirmations and, further, question whether or not the state should play a role at all in the establishment of recognized relationships. There have also been campaigns to enable heterosexual couples to have civil partnerships rather than get...

Agostini v. Felton

Agostini v. Felton   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
463 words

...that contribute to the public good. The establishment clause is not violated as long as the religious mission of the private school is neither advanced nor obstructed by a government program. Dissent Led by Justice David Souter , the four dissenters argued against overturning the Aguilar decision. They predicted that the Court's decision in the Agostini case would open the way to direct government aid of religious institutions and thereby to public support of particular religious missions. Thus, the establishment clause of the 1st Amendment would be...

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