Establishment and toleration in Edmund Burke's "constitution of freedom."
Article Abstract:
Eighteenth-century Great British scholar Edmund Burke conceived of church and state issues far different than the Framers of the US Constitution did and contemporary Americans do. He believed that an established religion was as central to England's governance as the monarchy, but he also believed that established religion was not incompatible with religious tolerance. Restraint of power was essential to the proper functioning of government, and toleration of religious minorities was a form of restraint. Christian principles could include respect for religious differences.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1995
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Congressional power and religious liberty after City of Boerne v. Flores
Article Abstract:
The US Supreme Court's 1997 decision in Boerne v. Flores provided proper evaluation of competing interests between religious freedom and equal treatment under the law. The court operated from the conceptual viewpoint that government's responsibility is to protect religious people from persecution and not to grant them unlimited ability to circumvent laws others must obey. The decision declared the Religious Freedom Restoration Act (RFRA) to be unconstitutional.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
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