Religious freedom and Indian rights : the case of Oregon v. Smith / Carolyn N. Long.

Format:

Book

Author/Creator:

Long, Carolyn Nestor.

Series:

Landmark law cases & American society

Language:

English

Subjects (All):

Smith, Alfred Leo.

Oregon--Trials, litigation, etc.

Oregon.

Smith, Alfred Leo--Trials, litigation, etc.

Indians of North America--Civil rights.

Indians of North America.

Indians of North America--Religion.

Freedom of religion--United States.

Freedom of religion.

Peyotism.

Drugs of abuse--Law and legislation.

United States.

Drugs of abuse--Law and legislation--Oregon.

Drugs of abuse.

Peyotism--Oregon.

Physical Description:

xii, 317 pages ; 23 cm.

Place of Publication:

Lawrence, Kan. : University Press of Kansas, [2000]

Summary:

The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche.

Contents:

1. The Peyote Road 4

2. God v. Caesar 22

3. Religion and the Supreme Court 45

4. "Thou Shalt Not Ration Justice" 68

5. The Oregon Battle 85

6. An Appeal to the High Court 105

7. Employment Division v. Smith I: Back to Oregon 125

8. A Difference in Perspective 148

9. Employment Division v. Smith II: The Court Comes Full Circle 179

10. Many Rivers to Cross 203

11. Congress Responds to the Court 227

12. "An Endlessly Renewed Educational Conversation" 251.

Notes:

Includes bibliographical references (pages 293-300) and index.

ISBN:

0700610634

0700610642

OCLC:

44594018