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Selected Works

Stephen M. Feldman

Constitutional law

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A Plea For Constitutional Balance, Stephen M. Feldman Aug 2016

A Plea For Constitutional Balance, Stephen M. Feldman

Stephen M. Feldman

The fundamentalist approach of the conservative bloc of Justices on the U.S. Supreme Court in regards to corporate spending on political campaigns skews government processes and generates unintended consequences.  This paper discusses the historical approach of the Framers to invigorate the new republican democratic government while protecting individual liberties by separating these into public and private spheres of activity.

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Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman Dec 1995

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.

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