Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

The University of Akron

Martin H. Belsky

Law and Religion

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Religion Clauses And The “Really New” Federalism, Martin H. Belsky Jan 2007

The Religion Clauses And The “Really New” Federalism, Martin H. Belsky

Martin H. Belsky

It had been a principle of contemporary constitutional law that once a provision of the Bill of Rights was “fully” incorporated, such as with the First Amendment, it established a constitutional minimum. A state could provide, either by constitutional or statutory provision, additional protections to its citizens, so long as this did not create a conflict with other federal law. Another principle, until recently, was that the federal government had the ability by legislation to provide additional or enhanced rights to Americans, and that these rights applied uniformly to residents of all states.

The application of these two principles?at least …


A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky Jan 2005

A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky

Martin H. Belsky

Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against non-governmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of “constitutionalism,” and when necessary must be followed up by enforcement through personal action.