Religion, Law, and the Constitution, 2d


Religion, Law, and the Constitution, 2d



This tightly reasoned book brings a measure of coherency to this controversial, fast-moving, and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. The book goes on to identify a set of embedded and evolving constitutional values, values reflecting both individual rights and broader structural concerns. Drawing upon these values as explanatory tools, the book explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.

Now in its second edition, the book provides comprehensive coverage of all of the major facets of the Supreme Court’s decision-making, including important developments since the first edition was published. It provides selective coverage of lower court decisions as well, and it includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.

Offering clear exposition combined with sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

A volume in the Concepts and Insights series. Predecessors of the book were published in 2003 and 2009 as Constitutional Law: The Religion Clauses.


9781636591186 (pb.)

Publication Date



Foundation Press


St. Paul


Freedom of Religion-United States, Freedom of Expression-United States, Religion and law-United States, Religion in the Public Schools-United States, United State Constitution-1st Amendment, Religious Freedom Restoration Act, RFRA, Religious Land Use and Institutionalized Persons Act, RLUIPA, Legal Definition of Religion, Religious Free Speech, School Prayer, Religious Symbolism on Public Property, Legislative Prayer, Financial Aid to Religious Organizations, School Vouchers


Constitutional Law | First Amendment | Law


Complete bibliographic details available in IUCAT.

Copies available in the Jerome Hall Law Library, KF 4783 .C663 2022

Religion, Law, and the Constitution, 2d