Religion - Constitutional Law II Fall 2006 Prof Manheim...

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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 CLAUSES This dualism requires "neutrality" by the state. It may neither classify partic- ular religions nor religion in general to impose burdens or confer benefits Is the law aimed at religious exercise? Significant burdens require a showing of narrow means to achieve a compelling state interest Low-level scrutiny Laws not aimed at religious belief or exercise are usually valid Generally applicable (and neutral) restrictions on conduct are permissible, unless they impose an undue burden on beliefs Freedom to act (in accordance with beliefs) Freedom of belief To what degree does the state burden free exercise? No delegation no supervision no endorsement no proslytizing Is aid available for religious purposes?
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