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Full-Text Articles in Arts and Humanities
Catholic Constitutionalism From The Americanist Controversy To Dignitatis Humanae, Anna Su
Catholic Constitutionalism From The Americanist Controversy To Dignitatis Humanae, Anna Su
Notre Dame Law Review
This Article, written for a symposium on the fiftieth anniversary of Dignitatis Humanae, or the Roman Catholic Church’s Declaration on Religious Freedom, traces a brief history of Catholic constitutionalism from the Americanist controversy of the late nineteenth century up until the issuance of Dignitatis Humanae as part of the Second Vatican Council in 1965. It argues that the pluralist experiment enshrined in the First Amendment of the U.S. Constitution was a crucial factor in shaping Church attitudes towards religious freedom, not only in the years immediately preceding the revolutionary Second Vatican Council but ever since the late nineteenth century, …
Of Human Dignities, Mark L. Movsesian
Of Human Dignities, Mark L. Movsesian
Notre Dame Law Review
I proceed as follows. In Part I, I discuss the conflict between objective and subjective conceptions of human dignity, particularly in the context of same-sex marriage and “traditional values” resolutions at the UN Human Rights Council. In Part II, I discuss the conflict between individualist and corporate conceptions, focusing on proselytism and the right to convert. In Part III, I conclude with some observations on the implications of the disagreements I have identified.
The Tortuous Course Of Religious Freedom, Steven D. Smith
The Tortuous Course Of Religious Freedom, Steven D. Smith
Notre Dame Law Review
This Essay, written for a conference at Notre Dame on Dignitatis Humanae, considers new challenges to and issues for religious freedom that have arisen recently in a world significantly changed from that of the 1960s, when the Declaration was first issued.
The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham
The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham
Notre Dame Law Review
The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …