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Full-Text Articles in Religion Law
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash
The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash
Law Faculty Publications
I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.
Power And The Subject Of Religion, Kurt T. Lash
Power And The Subject Of Religion, Kurt T. Lash
Law Faculty Publications
Under the First Amendment, "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof." Nevertheless, congressional actors have on occasion enacted laws that expressly make religion the subject of legislation. Many scholars justify these laws on the grounds that Congress at the time of the Founding had an implied power to legislate on religion if necessary and proper to an enumerated end.
Professor Lash argues that the "implied power" theory cannot withstand historical scrutiny. Whatever "implied power" arguments may have emanated from the original Constitution, those arguments were foreclosed by the adoption of the …
Civilizing Religion, Kurt T. Lash
Civilizing Religion, Kurt T. Lash
Law Faculty Publications
Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most …