Religion and Politics 3.13.08

Religion and Politics 3.13.08 - Religigion and Politics...

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Religigion and Politics Establishment Clause and Lemon Test, 14 th Amendment and major cases o First Amendment- Establishment clause- Congress shall make no law establishing….What the first amendment has written- 1 st clause is respect to national church- didn’t o Establishment clause mainly says you can’t have a US church, ie Church of England- many of states had own bill of rights, protecting free exercise, etc. Right enshrined in many state constitutions. o 2 nd or prohibiting free exercise thereof- o Religious persecution- if you burdened members of a particular sect because that sect was disapproved of. Ex. Mormons- clear violation of the free exercise clause. How did this come to be applied to the states- in two Supreme Court Cases- 14 th amendment applies bill of rights to the states through the process of incorporation. o Constitutional Interpretation- Should be judged in context of when it was written or in the context of the times? Originalism vs. Non -Chemerinsky:; originalism- should interpretation be limited to texts?
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  • Spring '08
  • Charney
  • First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, free exercise, Politics Establishment Clause

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