Rehnquist thought that gov't could "accommodate" religion, even if this meant a preference for religion; Scalia thinks that gov't can reflect the fact that we are a "Christian nation." Thomas believes the 1st amd applies only to the fed gov't and states can establish religion.RELIGION CLAUSESThis dualism requires "neutrality" by the state. It may neither classify partic-ular religions nor religion in general to impose burdens or confer benefitsIs the lawaimed at religious exercise?Significant burdens require a showing of narrow means to achieve a compelling state interestLow-level scrutinyLaws not aimed at religious belief or exercise are usually validGenerally applicable (and neutral) restrictions on conduct are permissible, unless they impose an undue burden on beliefsFreedom to act (in accordance with beliefs)Freedom of beliefTo what degree does the state burden free exercise?No delegationno supervisionno endorsementno proslytizingIs aid available for religious purposes?
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.