海外新书速递 | 《宗教自由与美国建国》

Religious Liberty and the American Founding

[1] 书籍信息

Vincent Phillip Muñoz, Religious Liberty and the American Founding, The University of Chicago Press, August 2022.

[2] 作者简介

Vincent Phillip Muñoz is the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame. He is the founding director of Notre Dame’s Center for Citizenship & Constitutional Government. His scholarship has been cited multiple times in church-state Supreme Court opinions, most recently by Justice Alito in Fulton v. City of Philadelphia (2021) and by both Chief Justice Roberts and Justice Thomas in Espinoza v. Montana (2020).

[3] 内容简介

The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty.  

Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.      

[4] 书籍目录

Preface
Introduction: Natural Rights and the First Amendment Religion Clauses

Part 1 Philosophy: The Founders’ Political Philosophy of Religious Liberty

Chapter 1 The Founders’ First Agreement: The Natural Right of Religious Liberty Is Possessed by All Individuals
Chapter 2 The Founders’ Second Agreement: Society Compact Theory, Freedom of Worship, and Religious Liberty as an Inalienable Right
Chapter 3 The Foundations of the Founders’ Agreements: The Founders’ Philosophies and Theologies of the Natural Right of Religious Liberty
Chapter 4 The Founders’ Disagreement: Natural Rights and the Separation of Church from State

Part 2 Constitutional Originalism: The Original Meanings of the Religion Clauses
Chapter 5 The Original Meaning of the Establishment Clause
Chapter 6 The Original Meaning of the Free Exercise Clause

Part 3 Constitutional Meaning: Constructing the Religion Clauses
Chapter 7 Natural Rights Constructions of the First Amendment’s Religion Clauses
Chapter 8 How the Natural Rights Constructions Would Adjudicate Actual Cases
Conclusion   Should We Adopt the Natural Rights Constructions?
Acknowledgments
Index

更多信息请参考：

https://press.uchicago.edu/ucp/books/book/chicago/R/bo177914167.html#anchor-reviews

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