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Articles 91 - 94 of 94
Full-Text Articles in Law
We Are A Religious People Whose Institutions Presuppose A Supreme Being, John C. Eastman
We Are A Religious People Whose Institutions Presuppose A Supreme Being, John C. Eastman
John C. Eastman
This article challenges the separationist view of the Establishment Clause adopted by the Supreme Court in Everson and other cases, and instead explores Justice Douglas's important contention in Zorach v. Clausen that We are a Religious People Whose Institutions Presuppose a Supreme Being. Drawing on sources from the founding, such as the Declaration of Independence, debates in Congress over the First Amendment, state constitutional provisions, the Northwest Ordinance, and wide-spread practice, the article makes the case for treating the Establishment Clause as a federalism provision, not a rights provision, reserving to the states the authority to partner with religion in …
Taking Justice Thomas Seriously, John Eastman
Taking Justice Thomas Seriously, John Eastman
John C. Eastman
Substantive Review of Scott Gerber's book, First Principles: The Jurisprudence of Clarence Thomas (New York University Press, 1999). This review praises Gerber's recognition that Justice Thomas has articulated a consistent and thoughtful original theory view of the Constitution, distinct from the original practice, most positivist view of constitutional interpretation advanced by Justice Antonin Scalia and the late Chief Justice William Rehnquist. It also applauds the effort to take seriously Justice Thomas's jurisprudence, even while it takes Gerber to task for misunderstanding at times the full depth of that jurisprudence. Most notably, the article challenges Gerber's critique of Justice Thomas's Establishment …
The Constitutionality Of Holiday Displays On Public Property (Or How The Court Stole Christmas), Andrew C. Spiropoulos
The Constitutionality Of Holiday Displays On Public Property (Or How The Court Stole Christmas), Andrew C. Spiropoulos
Andrew C. Spiropoulos
No abstract provided.
Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman
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.