Table of Contents

* Introduction * The American Experiment in Historical Context * The First Millennium * The Papal Revolution * The Protestant Reformation * Religious Establishment Versus Religious Freedom * Colonization and Experimentation * The Theology and Politics of the Religion Clauses * Puritan Views * Evangelical Views * Enlightenment Views * Republican Views * The Essential Rights and Liberties of Religion * Liberty of Conscience * Free Exercise of Religion * Religious Pluralism * Religious Equality * Separation of Church and State * Disestablishment of Religion * Interdependence of Principles * Forging the First Amendment Religion Clauses * Religion and the Continental Congress * The 1787 Constitutional Convention * Ratification and Proposed Amendments * Drafting the First Amendment Religion Clauses * The Final Text * Summary and Conclusions * Religion and the States Before 1947 * Liberty of Conscience and Free Exercise * Religious Pluralism and Equality * Separation of Church and State * Disestablishment of Religion * Faith, Freedom, and the Frontier * Religion and the Supreme Court, 1815-1947 * Review of Federal Laws Touching Religion * Review of State Laws Touching Religion * Fundamental Religious Liberty and Incorporation * Modern Free Exercise Law * Mapping Modern Free Exercise Doctrine * The Multiple Principles of Modern Free Exercise Law * Neutralizing the Free Exercise Clause * Free Speech and Statutory Protections of Religion * Conclusions * Modern Disestablishment Law * Mapping Modern Disestablishment Doctrine * The Dominant Principle of Separation of Church and State * Toward Multiple Principles of Disestablishment * Conclusions * Toward an Integration of Religious Liberty: The American Experiment in International Context * Methods and Measures of Integration * Religious Rights and Liberties in International Context * International Norms and American Laws Compared * Concluding Reflections * Appendix 1: Drafts of Federal Religion Clauses (1787-1789) * Appendix 2: State Constitutional Provisions on Religion (as of 1947) * Appendix 3: United States Supreme Court Decisions Relating to Religious Liberty * Notes * Index

About the Author

John Witte, Jr. is the Jonas Robitscher professor of law and ethics, and director of the law and religion program at Emory University, Atlanta. A specialist in legal history and religious liberty, he has published twelve books and 120 professional articles, and has lectured throughout North America, Europe, Israel, and South Africa. John Witte, Jr. is the Jonas Robitscher professor of law and ethics, and director of the law and religion program at Emory University, Atlanta. A specialist in legal history and religious liberty, he has published twelve books and 120 professional articles, and has lectured throughout North America, Europe, Israel, and South Africa.