EasterBlack-owned or founded brands at TargetGroceryClothing, Shoes & AccessoriesBabyHomeFurnitureKitchen & DiningOutdoor Living & GardenToysElectronicsVideo GamesMovies, Music & BooksSports & OutdoorsBeautyPersonal CareHealthPetsHousehold EssentialsArts, Crafts & SewingSchool & Office SuppliesParty SuppliesLuggageGift IdeasGift CardsClearanceTarget New ArrivalsTarget Finds#TargetStyleTop DealsTarget Circle DealsWeekly AdShop Order PickupShop Same Day DeliveryRegistryRedCardTarget CircleFind Stores

Religious Freedom and Indian Rights - (Landmark Law Cases & American Society) by Carolyn N Long (Paperback)

Religious Freedom and Indian Rights - (Landmark Law Cases & American Society) by  Carolyn N Long (Paperback) - 1 of 1
$34.99 when purchased online
Target Online store #3991

About this item

Highlights

  • 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.
  • Author(s): Carolyn N Long
  • 336 Pages
  • Freedom + Security / Law Enforcement, Constitutional
  • Series Name: Landmark Law Cases & American Society

Description



Book Synopsis



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. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche.

In 1983, Klamath Indian Alfred Smith and his co-worker Galen Black were fired as counselors from a drug rehabilitation agency for using peyote, a controlled substance under Oregon law, in a religious ceremony of the Native American Church. Both were subsequently denied unemployment benefits, which the State of Oregon claimed was permissible under its police powers and necessary in its effort to eradicate drug abuse. But Smith and Black argued that the denial of unemployment benefits constituted an infringement of their religious freedom and took their cases to court.

Long traces the tortuous path that Smith followed as it went from state courts to the Supreme Court and then back again for a second round of hearings. 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. It also led to an intense tug-of-war between the Court and Congress, which fought back with amendments to the American Indian Religious Freedom Act (to protect the religious use of peyote) and the Religious Freedom Restoration Act of 1993, which protected religious freedom for all Americans. The Court subsequently ruled the latter act unconstitutional in Boerne v. Flores (1997).

Long provides a lucid and balanced view of the competing sides in Smith. Drawing on interviews with Smith and his family, as well as with lawyers, judges, and congressional and interest group representatives involved in this struggle between Congress and Court, she takes the reader from the rituals of a peyote religious ceremony to the halls of government to reveal the conflicting interests that emerged in this key First Amendment case. She also clarifies how the Court reversed longstanding precedent by replacing the balancing test of "compelling state interest" and "least restrictive means" with a new "reasonable basis" argument that theoretically could be used to curtail religious practices well beyond those of the Native American church.

Ultimately, the Supreme Court ruled that the First Amendment protection of religious freedom applies only to laws that specifically target religious behavior and that an individual's religious beliefs do not excuse one from complying with statutes that indirectly infringe on their religious rights. Engagingly written, Long's study highlights the resultant struggles, but without ever losing sight of the rich human dimensions of the story.



Review Quotes




"Long provides an excellent microstudy with broad application to legal and Native American history. The book is well written, clearly organized, and painstakingly researched and will attract the attention of scholars from a variety of academic fields."--Law and History Review

"Mingling Oregon drug policy, individual freedom, local personalities, and Native issues, this case has become the contemporary symbol of Native American religious freedom. A solid addition to Western legal history."--Journal of the West

"A highly commendable case study for reflecting upon how the law emerges out of conflict over cultural frameworks, political strategies, personal and professional interests, and institutional power."--Law and Politics Book Review

"Long's clear analysis of religious freedom claims, her discussion of the process of crafting legislation, her understanding of the special challenges faced by members of smaller religions, and her lively writing style combine to make Religious Freedom and Indian Rights a fine contribution to the study of religious freedom in America."--H-Net Reviews

"Long has penned an excellent history of events that led to the Religious Freedom Restoration Act of 1993 and PL 103-349, the 1994 amendment to the American Indian Religious Freedom Act."--Choice



"Carolyn Long nimbly analyzes the jumbled issues of religion, Native American rights, drug use, state authority, and congressional activism to produce an arresting analysis of one of the Supreme Court's landmark cases of modern religious liberty."--Kermit Hall, author of The Magic Mirror: Law in American History

"What makes this excellent book especially gripping is its human dimension: the actual people--and their networks of associations, including the Native American churches--behind the litigation."--Sanford Levinson, author of Constitutional Faith

"A superbly researched and carefully crafted history."--John R. Wunder, editor of Native Americans and the Law


Dimensions (Overall): 8.53 Inches (H) x 5.57 Inches (W) x .95 Inches (D)
Weight: .95 Pounds
Suggested Age: 22 Years and Up
Series Title: Landmark Law Cases & American Society
Sub-Genre: Constitutional
Genre: Freedom + Security / Law Enforcement
Number of Pages: 336
Publisher: University Press of Kansas
Format: Paperback
Author: Carolyn N Long
Language: English
Street Date: January 16, 2001
TCIN: 1003268964
UPC: 9780700610648
Item Number (DPCI): 247-06-2763
Origin: Made in the USA or Imported

Shipping details

Estimated ship dimensions: 0.95 inches length x 5.57 inches width x 8.53 inches height
Estimated ship weight: 0.95 pounds
We regret that this item cannot be shipped to PO Boxes.
This item cannot be shipped to the following locations: American Samoa (see also separate entry under AS), Guam (see also separate entry under GU), Northern Mariana Islands, Puerto Rico (see also separate entry under PR), United States Minor Outlying Islands, Virgin Islands, U.S., APO/FPO

Return details

This item can be returned to any Target store or Target.com.
This item must be returned within 90 days of the date it was purchased in store, shipped, delivered by a Shipt shopper, or made ready for pickup.
See the return policy for complete information.

Related Categories

Get top deals, latest trends, and more.

Privacy policy

Footer

About Us

About TargetCareersNews & BlogTarget BrandsBullseye ShopSustainability & GovernancePress CenterAdvertise with UsInvestorsAffiliates & PartnersSuppliersTargetPlus

Help

Target HelpReturnsTrack OrdersRecallsContact UsFeedbackAccessibilitySecurity & FraudTeam Member ServicesLegal & Privacy

Stores

Find a StoreClinicPharmacyTarget OpticalMore In-Store Services

Services

Target Circle™Target Circle™ CardTarget Circle 360™Target AppRegistrySame Day DeliveryOrder PickupDrive UpFree 2-Day ShippingShipping & DeliveryMore Services
PinterestFacebookInstagramXYoutubeTiktokTermsCA Supply ChainPrivacy PolicyCA Privacy RightsYour Privacy ChoicesInterest Based AdsHealth Privacy Policy