Original Intent The Courts, the Constitution & Religion

Original Intent: The Courts, the Constitution & Religion by David Barton, published by WallBuilder Press in March 2000, is a comprehensive examination of the evolving role of the Supreme Court in interpreting the Constitution, particularly concerning religious expression. This third edition spans 534 pages and is presented in English. The book discusses how judicial decisions have reshaped the liberties guaranteed by the Constitution, focusing on the implications of various tests applied by the Court that affect the First Amendment and the balance between religion and secularism.
Readers will find a detailed analysis of the historical context and the original intentions of the Founding Fathers regarding limited government and religious freedom. Barton utilizes thousands of primary sources to illustrate how earlier courts upheld constitutional protections and explores the reasons behind the shift in judicial philosophy over time. The book addresses significant themes such as the impact of judicial activism on state rights and local governance, making it a relevant resource for those interested in law, political science, and the intersection of religion and government.
Official synopsis Publisher
In their own words, the Supreme Court has become “a national theology board,” “a super board of education,” and amateur psychologists on a “psycho-journey.” The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a “Lemon Test” absurdly requiring religious expression to be secular, an “Endorsement Test” pursuing an impossible neutrality between religion and secularism, and a “Psychological Coercion Test” allowing a single dissenter to silence an entire community’s religious expression. Additional casualties of judicial activism have included protections for State’s rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers’ own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.
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