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This book explores the application of Scalia’s textualism and originalism to education law and reflects upon Scalia’s teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia’s constitutional approach, but thinking about schools requires attention to political fundamentals—freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia’s approach.

Education --- Law --- Judicial opinions --- Scalia, Antonin. --- Anglo-American law --- Law, Anglo-American --- United States-Politics and gover. --- Constitutional law. --- Political science --- Cultural policy. --- US Politics. --- Educational Policy and Politics. --- Constitutional Law. --- Political Philosophy. --- Cultural Policy and Politics. --- Intellectual life --- State encouragement of science, literature, and art --- Culture --- Popular culture --- Political philosophy --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Philosophy. --- Government policy --- Interpretation and construction --- United States—Politics and government. --- Educational policy. --- Education and state. --- Political philosophy. --- Education policy --- Educational policy --- State and education --- Social policy --- Endowment of research --- America --- American Politics. --- Politics and government.

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The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion," may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. This book details the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. This book shows how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations.

Church and state --- Eglise et Etat --- Liberty of conscience --- Liberté de conscience --- Freedom of religion --- Liberté religieuse --- Religion and state --- Religion et Etat --- United States.

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One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. This book cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. The book provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts.

Executive power --- Presidents --- Constitutional history --- United States. --- Article II. --- Bill of Rights. --- Second Amendment rights. --- Second Amendment. --- Supreme Court rulings. --- Supreme Court. --- Vesting Clause. --- congressional subpoenas. --- constitutional interpretation. --- constitutional jurisprudence. --- constitutional originalism. --- constitutional theory. --- defeasible powers. --- delegated power. --- delegation of legislative power. --- executive branch. --- foreign affairs power. --- founders. --- living constitution. --- original intent. --- originalism. --- prerogative power. --- presidential history. --- ratification Constitutional Convention. --- unitary executive. --- war power. --- war powers.

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Church and state --- Freedom of religion

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Can individuals believe that they are acting with integrity, yet in disobedience to the dictates of their conscience? Can they retain fidelity to their conscience while ignoring a sense of what integrity requires? Integrity and conscience are often thought to be closely related, perhaps even different aspects of a single impulse. This timely book supports a different and more complicated view. Acting with integrity and obeying one's conscience might be mutually reinforcing in some settings, but in others they can live in varying degrees of mutual tension. Bringing together prominent scholars of legal theory and political philosophy, the volume addresses both classic ruminations on integrity and conscience by Plato, Hume, and Kant as well as more contemporary examinations of professional ethics and the complex relations among politics, law and personal morality.

LAW / Essays.