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Andy G Olree

Constitutional Law, Generally

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"Pride Ignorance And Knavery": James Madison's Formative Experiences With Religious Establishments, Andy G. Olree Feb 2012

"Pride Ignorance And Knavery": James Madison's Formative Experiences With Religious Establishments, Andy G. Olree

Andy G Olree

Judicial interpretations of the First Amendment’s religion clauses have purported to rely heavily on the history of the American Founding era. Today, it seems no Founder carries more weight in religion clause opinions than James Madison, a seminal figure the Supreme Court has repeatedly credited as “the leading architect of the religion clauses of the First Amendment”—most recently in January 2012, as it relied heavily on Madison’s views in deciding the Hosanna-Tabor case. But courts citing Madison have tended to focus on the short period beginning with his “Memorial and Remonstrance” in 1785 and ending with the ratification of the …