One of our graduate students is beginning a dissertation on the treatment of
religion in state constitutions in the founding era, and broader discussions
about its importance and problems at the state level during that period.
Recommendations of primary and scholarly sources would be appreciat
This is fascinating. On one hand it shows how we may be too quick to believe
stories of secular excesses, and I think the "laughed out of school" subject
line was perhaps a spur-of-the-moment comment that might give a misimpression.
I think persons of faith should give secularists and their bel
In many cases the conservative justices have argued that the Establishment
Clause requires neutrality among religious denominations or sects, but not
neutrality toward religion in general. If a majority of justices were to
endorse this view, no doubt doctrine would shift in a direction more plea
Yes, KOREMATSU seems more clearly an outlier case in strict-scrutiny
jurisprudence, perhaps better explained by historical and political context
than any pretense of jurisprudence. Other than that, back in the "good old
days" compellng interest tests rather predictably spelled defeat for the
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