TITLE

THE RELIGION CLAUSES AS MUTUALLY REINFORCING MANDATES: WHY THE ARGUMENTS FOR RIGOROUSLY ENFORCING THE FREE EXERCISE CLAUSE AND ESTABLISHMENT CLAUSE ARE STRONGER WHEN BOTH CLAUSES ARE TAKEN SERIOUSLY

AUTHOR(S)
Brownstein, Alan
PUB. DATE
May 2011
SOURCE
Cardozo Law Review;May2011, Vol. 32 Issue 5, p1701
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
An essay is presented on two Religion Clauses of the First Amendment in the U.S. such as the Free Exercise Clause and the Establishment Clause. It argues that there is an additional and critical relationship between the two clauses that is often disregarded in legal commentary. It suggests that the two clauses support and reinforce each other in vital ways.
ACCESSION #
61347499

 

Related Articles

  • The Meaning of Separation of Church and State in the First Amendment. Dawson, Joseph M. // Journal of Church & State;Autumn2008, Vol. 50 Issue 4, p677 

    The article examines the meaning of the separation of church and state as presented in the First Amendment of the Constitution of the United States and the various interpretations of its mandate that "Congress shall make no law respecting an establishment of religion, or prohibiting the free...

  • THE POLITICAL (AND OTHER) SAFEGUARDS OF RELIGIOUS FREEDOM. Garnett, Richard W. // Cardozo Law Review;May2011, Vol. 32 Issue 5, p1815 

    The article discusses the Supreme Court case Employment Division versus Alfred Smith, highlighting the First Amendment and religious freedom in the U.S. It notes that the court's decision has been the focus of sustained and withering criticism from scholars whose judgments has been widely...

  • First Amendment Dilemma: Civic Event Fund Discriminated Against Prayer Day. Kozlowski, James C. // Parks & Recreation;Sep2000, Vol. 35 Issue 9, p61 

    Highlights the case of Gentala versus the city of Tucson in Arizona, wherein a federal appeals court found that the city had engaged in viewpoint discrimination in violation of the United States Constitution's First Amendment. Facts of the case; Overview of the court's ruling.

  • Fair-weather friends of the First Amendment. HENTOFF, NAT // Progressive;Jan99, Vol. 63 Issue 1, p26 

    Focuses on First Amendment rights in the United States. Why the book `Huckleberry Finn' was removed from classes; View of Supreme Court justice William O. Douglas on the First Amendment; Reason for the rejection of the Communications Decency Act of 1996.

  • Prosecution of Utah Polygamist May Endanger Religious Liberty. Holzer, Henry Mark // Insight on the News;06/18/2001, Vol. 17 Issue 23, p45 

    Discusses the implication of the case of Tom Green, a man charged with polygamy, on polygamy's place in the 21st century United States (U.S.). Use of the First Amendment to the U.S. Constitution regarding the free exercise of religion as a defense by Green; Why the Free Exercise Clause of the...

  • RETHINKING A REINVIGORATED RIGHT TO ASSEMBLE. BROD, NICHOLAS S. // Duke Law Journal;Oct2013, Vol. 63 Issue 1, p155 

    Revived after a decades-long slumber, the First Amendment's Assembly Clause has garnered robust attention of late. Endeavoring to reinvigorate this forgotten clause, legal scholars have outlined a normative vision of the assembly right that would better safeguard the freedom of association. This...

  • Resistance to Constitutional Theory: The Supreme Court, Constitutional Change, and the "Pragmatic Moment". Hill, B. Jessie // Texas Law Review;Jun2013, Vol. 91 Issue 7, p1815 

    This Article approaches the law-politics divide from a new angle. Drawing on the insights of literary theory, this Article argues that every act of interpretation, including constitutional interpretation, inevitably draws not only on text but also on context, and that the relevant context...

  • TOWARD A BETTER UNDERSTANDING OF RIPENESS AND FREE SPEECH CLAIMS. Lambert, Wm. Grayson // South Carolina Law Review;Winter2013, Vol. 65 Issue 2, p411 

    At first glance, ripeness is a simple concept. Yet, in its nuances, the doctrine is complex and uncertain. One aspect of the doctrine that has gained a consensus among courts and scholars is that, in free speech cases, the standard ripeness test is relaxed. This relaxed standard is justified on...

  • What Kind of Prejudice Was Anti-Mormonism? Beneke, Chris // Mormon Studies Review;2015, Vol. 2, p75 

    The article reviews the essay on the history of First Amendment jurisprudence federal religious clauses. It focuses on the separation between church and State. It mentions that the First Amendment prohibited congressional interference with religious belief. It focuses on religiously inspired...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics