Kevin Vance | Benedictine College (original) (raw)

Kevin Vance

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Papers by Kevin Vance

Research paper thumbnail of A Liberal and Generous Toleration: John Adams and the Freedom for Religion

Research paper thumbnail of 10. How the Founders Agreed About Religious Freedom but Disagreed About the Separation of Church and State

Research paper thumbnail of Lincoln and Clay

Research paper thumbnail of American Religious Liberty Jurisprudence in Comparative Perspective

Research paper thumbnail of German Religious Liberty Jurisprudence: A Proposed Solution for the U.S. Supreme Court’s Double-Barreled Dilemma

Journal of Church and State

Research paper thumbnail of Criticism from Below: The Supreme Court’s Decision to Revisit Cases

Journal of Law and Courts

Research paper thumbnail of The Golden Thread of Religious Liberty: Comparing the Thought of John Locke and James Madison

Oxford Journal of Law and Religion

Research paper thumbnail of How the Founders Agreed about Religious Freedom but Disagreed about the Separation of Church and State

McGraw/The Wiley Blackwell Companion to Religion and Politics in the U.S., 2016

A broadly shared methodological commitment to originalism in church-state matters has not produce... more A broadly shared methodological commitment to originalism in church-state matters has not produced much agreement among Supreme Court justices. An underappreciated reason why is that, while the Founders agreed about the existence and importance of a natural right to religious freedom, they disagreed over how to separate church from state. The aim of this chapter is to explain the Founders’ shared and competing understandings of religious freedom. Part I explains the Founders’ common understanding of the existence of a natural right to religious liberty. Part II considers the Founders’ disagreement over how that natural right to religious liberty ought to limit the scope and exercise of governmental power in church-state matters. By better understanding how and why the Founders agreed and disagreed about religious liberty, it is hoped that Americans today might more accurately and thoughtfully deliberate how best to protect our “first freedom.”

Research paper thumbnail of Lawrence B. Solum and Robert W. Bennett . Constitutional Originalism: A Debate . Ithaca, NY: Cornell University Press, 2011. Pp. ix+210. $29.95

American Political Thought, 2014

Research paper thumbnail of How the Founders Agreed about Religious Freedom but Disagreed about the Separation of Church and State

A broadly shared methodological commitment to originalism in church-state matters has not produce... more A broadly shared methodological commitment to originalism in church-state matters has not produced much agreement among Supreme Court justices. An underappreciated reason why is that, while the Founders agreed about the existence and importance of a natural right to religious freedom, they disagreed over how to separate church from state. The aim of this chapter is to explain the Founders’ shared and competing understandings of religious freedom. Part I explains the Founders’ common understanding of the existence of a natural right to religious liberty. Part II considers the Founders’ disagreement over how that natural right to religious liberty ought to limit the scope and exercise of governmental power in church-state matters. By better understanding how and why the Founders agreed and disagreed about religious liberty, it is hoped that Americans today might more accurately and thoughtfully deliberate how best to protect our “first freedom.”

Research paper thumbnail of A Liberal and Generous Toleration: John Adams and the Freedom for Religion

Research paper thumbnail of 10. How the Founders Agreed About Religious Freedom but Disagreed About the Separation of Church and State

Research paper thumbnail of Lincoln and Clay

Research paper thumbnail of American Religious Liberty Jurisprudence in Comparative Perspective

Research paper thumbnail of German Religious Liberty Jurisprudence: A Proposed Solution for the U.S. Supreme Court’s Double-Barreled Dilemma

Journal of Church and State

Research paper thumbnail of Criticism from Below: The Supreme Court’s Decision to Revisit Cases

Journal of Law and Courts

Research paper thumbnail of The Golden Thread of Religious Liberty: Comparing the Thought of John Locke and James Madison

Oxford Journal of Law and Religion

Research paper thumbnail of How the Founders Agreed about Religious Freedom but Disagreed about the Separation of Church and State

McGraw/The Wiley Blackwell Companion to Religion and Politics in the U.S., 2016

A broadly shared methodological commitment to originalism in church-state matters has not produce... more A broadly shared methodological commitment to originalism in church-state matters has not produced much agreement among Supreme Court justices. An underappreciated reason why is that, while the Founders agreed about the existence and importance of a natural right to religious freedom, they disagreed over how to separate church from state. The aim of this chapter is to explain the Founders’ shared and competing understandings of religious freedom. Part I explains the Founders’ common understanding of the existence of a natural right to religious liberty. Part II considers the Founders’ disagreement over how that natural right to religious liberty ought to limit the scope and exercise of governmental power in church-state matters. By better understanding how and why the Founders agreed and disagreed about religious liberty, it is hoped that Americans today might more accurately and thoughtfully deliberate how best to protect our “first freedom.”

Research paper thumbnail of Lawrence B. Solum and Robert W. Bennett . Constitutional Originalism: A Debate . Ithaca, NY: Cornell University Press, 2011. Pp. ix+210. $29.95

American Political Thought, 2014

Research paper thumbnail of How the Founders Agreed about Religious Freedom but Disagreed about the Separation of Church and State

A broadly shared methodological commitment to originalism in church-state matters has not produce... more A broadly shared methodological commitment to originalism in church-state matters has not produced much agreement among Supreme Court justices. An underappreciated reason why is that, while the Founders agreed about the existence and importance of a natural right to religious freedom, they disagreed over how to separate church from state. The aim of this chapter is to explain the Founders’ shared and competing understandings of religious freedom. Part I explains the Founders’ common understanding of the existence of a natural right to religious liberty. Part II considers the Founders’ disagreement over how that natural right to religious liberty ought to limit the scope and exercise of governmental power in church-state matters. By better understanding how and why the Founders agreed and disagreed about religious liberty, it is hoped that Americans today might more accurately and thoughtfully deliberate how best to protect our “first freedom.”

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