Toleration and the ConstitutionWhy have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations. |
Contents
PART II RELIGIOUS LIBERTY | 65 |
PART III FREE SPEECH | 163 |
PART IV CONSTITUTIONAL PRIVACY | 229 |
306 | |
339 | |
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Common terms and phrases
abortion abridgment Amendment American constitutional antiestablishment clause appeal argu argument Augustinian background right belief Bible central chapter claims communicative integrity conception consti constitutional interpretation constitutional law constitutional privacy constitutional right constitutionally context contractarian contractarian theory controversy conventions criminal critical culture democratic elaboration equal respect establishment clause ethical example expression free exercise free exercise clause free speech freedom harm principle historical homosexual human Ibid ical ideals inalienable right Isaac Backus Jefferson John Locke judgments judicial review Justice justify kind legitimacy Letter Concerning Toleration libel Locke and Bayle Locke's Lockean Madison ment moral and political moral independence moral powers natural philosophy political theory practical prohibitions rational and reasonable Rawls reflect religion clauses religious liberty requires respect for conscience right to conscience right to privacy scope secular sense sexual substantive subversive advocacy Supreme Court thought tion tional tradition tutional understanding universal toleration utilitarian values violation weight