A well-argued book geared toward those with an interest in the intersection of law and religion.
A dispassionate exposition in favor of the separation of church and state.
Noting that the current structure of the Supreme Court is tilted toward an accommodationist view of the First Amendment, which tends to side with conservatives and religious majorities, legal experts Chemerinsky and Gillman take the initiative to offer a differing view. “Our thesis,” they write, “is that the Constitution meant to create, and should be interpreted as creating, a secular republic, meaning that the government has no role in advancing religion and that religious belief and practice should be a private matter.” The authors begin with an examination of how the framers of the Constitution viewed the relationship between church and state. Despite traditions to the contrary, they write, “the framers resisted strong pressure to declare that the American republic would formally be associated with Christianity. There is no doubt that they intended to create a government that was formally secular.” Though declaring themselves not to be “originalists,” the authors work from the assumption that the founders sought specifically to create a secular government and that such a government has served America best through time. They work systematically, first through the Establishment Clause and then the Free Exercise Clause, explaining the background to each clause and various court cases that have shaped the public understanding of them, before then examining their own separationist views regarding each. Chemerinsky and Gillman end with a counter to the argument that separation of church and state is often a guise for hostility to religion; instead, they write, separation is a means of protecting all religions. Written in what can best be described as a relaxed legal style, the book is largely accessible but will appeal most to attorneys and those intrigued by the Constitution and the Supreme Court.
A well-argued book geared toward those with an interest in the intersection of law and religion.Pub Date: Sept. 2, 2020
ISBN: 978-0-19-069973-4
Page Count: 248
Publisher: Oxford Univ.
Review Posted Online: April 7, 2020
Kirkus Reviews Issue: June 1, 2020
An incisive, urgently relevant analysis of—and call to action on—America’s foundational ideal.
An examination of how the U.S. can revitalize its commitment to freedom.
In this ambitious study, Snyder, author of On Tyranny, The Road to Unfreedom, and other books, explores how American freedom might be reconceived not simply in negative terms—as freedom from coercion, especially by the state—but positive ones: the freedom to develop our human potential within sustaining communal structures. The author blends extensive personal reflections on his own evolving understanding of liberty with definitions of the concept by a range of philosophers, historians, politicians, and social activists. Americans, he explains, often wrongly assume that freedom simply means the removal of some barrier: “An individual is free, we think, when the government is out of the way. Negative freedom is our common sense.” In his careful and impassioned description of the profound implications of this conceptual limitation, Snyder provides a compelling account of the circumstances necessary for the realization of positive freedom, along with a set of detailed recommendations for specific sociopolitical reforms and policy initiatives. “We have to see freedom as positive, as beginning from virtues, as shared among people, and as built into institutions,” he writes. The author argues that it’s absurd to think of government as the enemy of freedom; instead, we ought to reimagine how a strong government might focus on creating the appropriate conditions for human flourishing and genuine liberty. Another essential and overlooked element of freedom is the fostering of a culture of solidarity, in which an awareness of and concern for the disadvantaged becomes a guiding virtue. Particularly striking and persuasive are the sections devoted to eviscerating the false promises of libertarianism, exposing the brutal injustices of the nation’s penitentiaries, and documenting the wide-ranging pathologies that flow from a tax system favoring the ultrawealthy.
An incisive, urgently relevant analysis of—and call to action on—America’s foundational ideal.Pub Date: Sept. 17, 2024
ISBN: 9780593728727
Page Count: 368
Publisher: Crown
Review Posted Online: June 25, 2024
Kirkus Reviews Issue: Aug. 1, 2024
A revelatory meditation on shattering journeys.
Bearing witness to oppression.
Award-winning journalist and MacArthur Fellow Coates probes the narratives that shape our perception of the world through his reports on three journeys: to Dakar, Senegal, the last stop for Black Africans “before the genocide and rebirth of the Middle Passage”; to Chapin, South Carolina, where controversy erupted over a writing teacher’s use of Between the World and Me in class; and to Israel and Palestine, where he spent 10 days in a “Holy Land of barbed wire, settlers, and outrageous guns.” By addressing the essays to students in his writing workshop at Howard University in 2022, Coates makes a literary choice similar to the letter to his son that informed Between the World and Me; as in that book, the choice creates a sense of intimacy between writer and reader. Interweaving autobiography and reportage, Coates examines race, his identity as a Black American, and his role as a public intellectual. In Dakar, he is haunted by ghosts of his ancestors and “the shade of Niggerology,” a pseudoscientific narrative put forth to justify enslavement by portraying Blacks as inferior. In South Carolina, the 22-acre State House grounds, dotted with Confederate statues, continue to impart a narrative of white supremacy. His trip to the Middle East inspires the longest and most impassioned essay: “I don’t think I ever, in my life, felt the glare of racism burn stranger and more intense than in Israel,” he writes. In his complex analysis, he sees the trauma of the Holocaust playing a role in Israel’s tactics in the Middle East: “The wars against the Palestinians and their Arab allies were a kind of theater in which ‘weak Jews’ who went ‘like lambs to slaughter’ were supplanted by Israelis who would ‘fight back.’” Roiled by what he witnessed, Coates feels speechless, unable to adequately convey Palestinians’ agony; their reality “demands new messengers, tasked as we all are, with nothing less than saving the world.”
A revelatory meditation on shattering journeys.Pub Date: Oct. 1, 2024
ISBN: 9780593230381
Page Count: 176
Publisher: One World/Random House
Review Posted Online: Aug. 2, 2024
Kirkus Reviews Issue: Sept. 1, 2024
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