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Foreordained Failure : The Quest for a Constitutional Principle of Religious Freedom (1999, Trade Paperback)
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About this product
Product Identifiers
PublisherOxford University Press, Incorporated
ISBN-100195132483
ISBN-139780195132489
eBay Product ID (ePID)53441
Product Key Features
Number of Pages192 Pages
Publication NameForeordained Failure : the Quest for a Constitutional Principle of Religious Freedom
LanguageEnglish
SubjectConstitutional
Publication Year1999
TypeTextbook
Subject AreaLaw
FormatTrade Paperback
Dimensions
Item Height0.7 in
Item Weight10.6 Oz
Item Length9.1 in
Item Width6 in
Additional Product Features
Intended AudienceCollege Audience
Dewey Edition20
Reviews"Steven Smith's Foreordained Failure is perhaps the most important book ever written on the religion clauses of the Constitution. If Smith is correct, the widely acknowledged failure of religion clause jurisprudence can be seen as the inevitable consequence of a fundamental misunderstanding ofthe clauses' scope and purposes. No court or academic commentator dealing with the clauses can ignore Smith's arguments."--Larry A. Alexander, University of San Diego School of Law, "Foreordained Failure thoroughly treats the constitutional issue of the basic principles underlying the right of freedom of religion; it is politically significant at this time because of the growing power of the religious right in our society....It is a provocative essay, and its points deserve wide discussion. It is clearly written and very well documented."--Choice"Steven Smith's Foreordained Failure is perhaps the most important book ever written on the religion clauses of the Constitution. If Smith is correct, the widely acknowledged failure of religion clause jurisprudence can be seen as the inevitable consequence of a fundamental misunderstanding of the clauses' scope and purposes. No court or academic commentator dealing with the clauses can ignore Smith's arguments."--Larry A. Alexander, University of San Diego School of Law"Steven Smith is one of the most imaginative new voices in contemporary legal studies."--Michael J. Perry, Northwestern University School of Law"An excellent work, replete with original and important insights. What makes Foreordained Failure so powerful and important is that it runs dead against the grain of conventional liberal thought about the institution of judicial review generlly and the correct interpretations of the religion clauses particularly."--Ira C. Lupu, The George Washington University"Smith's approach is refreshing because he is concerned with asking the right questions and not with advancing his answers."--The Appellate Practice Journal, "Smith's approach is refreshing because he is concerned with asking the right questions and not with advancing his answers."--The Appellate Practice Journal, "The book is admirably clear in design and statement, and its argument is extensively and forcefully developed against numerous contrary claims and possible objections....Smith makes an important contribution to the discussion."--The Journal of Religion, "Foreordained Failure thoroughly treats the constitutional issue of thebasic principles underlying the right of freedom of religion; it is politicallysignificant at this time because of the growing power of the religious right inour society....It is a provocative essay, and its points deserve widediscussion. It is clearly written and very well documented."--Choice, "Foreordained Failure thoroughly treats the constitutional issue of the basic principles underlying the right of freedom of religion; it is politically significant at this time because of the growing power of the religious right in our society....It is a provocative essay, and its pointsdeserve wide discussion. It is clearly written and very well documented."--Choice, "An excellent work, replete with original and important insights. Whatmakes Foreordained Failure so powerful and important is that it runs deadagainst the grain of conventional liberal thought about the institution ofjudicial review generlly and the correct interpretations of the religion clausesparticularly."--Ira C. Lupu, The George Washington University, "Smith's approach is refreshing because he is concerned with asking theright questions and not with advancing his answers."--The Appellate PracticeJournal, "Foreordained Failure thoroughly treats the constitutional issue of the basic principles underlying the right of freedom of religion; it is politically significant at this time because of the growing power of the religious right in our society....It is a provocative essay, and its points deserve wide discussion. It is clearly written and very well documented."--Choice "Steven Smith's Foreordained Failure is perhaps the most important book ever written on the religion clauses of the Constitution. If Smith is correct, the widely acknowledged failure of religion clause jurisprudence can be seen as the inevitable consequence of a fundamental misunderstanding of the clauses' scope and purposes. No court or academic commentator dealing with the clauses can ignore Smith's arguments."--Larry A. Alexander, University of San Diego School of Law "Steven Smith is one of the most imaginative new voices in contemporary legal studies."--Michael J. Perry, Northwestern University School of Law "An excellent work, replete with original and important insights. What makes Foreordained Failure so powerful and important is that it runs dead against the grain of conventional liberal thought about the institution of judicial review generlly and the correct interpretations of the religion clauses particularly."--Ira C. Lupu, The George Washington University "Smith's approach is refreshing because he is concerned with asking the right questions and not with advancing his answers."--The Appellate Practice Journal, "[Smith's] argument is honest and unpretentious, and for that reason it invites belief."--Michigan Law Review, "The book is admirably clear in design and statement, and its argument isextensively and forcefully developed against numerous contrary claims andpossible objections....Smith makes an important contribution to thediscussion."--The Journal of Religion, "An excellent work, replete with original and important insights. What makes Foreordained Failure so powerful and important is that it runs dead against the grain of conventional liberal thought about the institution of judicial review generlly and the correct interpretations of the religionclauses particularly."--Ira C. Lupu, The George Washington University, "(An) important new (edition) to the church-state literature...fresh,provocative, and will certainly stimulate debate."--The Review ofPolitics, "Steven Smith is one of the most imaginative new voices in contemporarylegal studies."--Michael J. Perry, Northwestern University School of Law, "This is a provocative book. Its thesis is clearly stated, well supported,and carefully qualified...Professor Steven Smith has produced and innovative,well researched analysis of the challenges of interpretation posed by thereligion clauses of the First Amendment. This study is an important contributionto the extensive scholarly commentary on freedom of religion and is highlyrecommended."--The Law and Politics Book Review, "Steven Smith's Foreordained Failure is perhaps the most important bookever written on the religion clauses of the Constitution. If Smith is correct,the widely acknowledged failure of religion clause jurisprudence can be seen asthe inevitable consequence of a fundamental misunderstanding of the clauses'scope and purposes. No court or academic commentator dealing with the clausescan ignore Smith's arguments."--Larry A. Alexander, University of San DiegoSchool of Law, "This is a provocative book. Its thesis is clearly stated, well supported, and carefully qualified...Professor Steven Smith has produced and innovative, well researched analysis of the challenges of interpretation posed by the religion clauses of the First Amendment. This study is an importantcontribution to the extensive scholarly commentary on freedom of religion and is highly recommended."--The Law and Politics Book Review, " Foreordained Failure thoroughly treats the constitutional issue of the basic principles underlying the right of freedom of religion; it is politically significant at this time because of the growing power of the religious right in our society....It is a provocative essay, and its points deserve wide discussion. It is clearly written and very well documented."-- Choice "Steven Smith's Foreordained Failure is perhaps the most important book ever written on the religion clauses of the Constitution. If Smith is correct, the widely acknowledged failure of religion clause jurisprudence can be seen as the inevitable consequence of a fundamental misunderstanding of the clauses' scope and purposes. No court or academic commentator dealing with the clauses can ignore Smith's arguments."--Larry A. Alexander, University of San Diego School of Law "Steven Smith is one of the most imaginative new voices in contemporary legal studies."--Michael J. Perry, Northwestern University School of Law "An excellent work, replete with original and important insights. What makes Foreordained Failure so powerful and important is that it runs dead against the grain of conventional liberal thought about the institution of judicial review generlly and the correct interpretations of the religion clauses particularly."--Ira C. Lupu, The George Washington University "Smith's approach is refreshing because he is concerned with asking the right questions and not with advancing his answers."-- The Appellate Practice Journal, "Steven Smith is one of the most imaginative new voices in contemporary legal studies."--Michael J. Perry, Northwestern University School of Law
Dewey Decimal342.73/0852
SynopsisEver since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distil religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area., Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area., Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a useable principle of religious freedom. In this book, Professor Smith criticizes this entire project and explains how religion-clause debates have been based on misconceptions. The futility of modern efforts should prompt a reassessment of the nature of religious freedom.
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