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Full-Text Articles in Law
A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello
A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello
Adam Lamparello
This article proposes a paradigm for resolving disputes under the free exercise clause that is analogous to the framework used by the court under the fourth amendment when balancing privacy rights against investigatory powers of law enforcement. In its Fourth Amendment jurisprudence, the Court provides varying degrees of protection to privacy – and imposes different evidentiary requirements on law enforcement – depending on the context in which privacy is affected, the intrusiveness of a particular search, and the asserted governmental interests. For example, privacy receives the strongest protections in areas such as the home, thus requiring law enforcement to have …
"Pride Ignorance And Knavery": James Madison's Formative Experiences With Religious Establishments, Andy G. Olree
"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 …
Uncivil Religion: Judeo Christianity And The Ten Commandments, Frederick Mark Gedicks
Uncivil Religion: Judeo Christianity And The Ten Commandments, Frederick Mark Gedicks
Frederick Mark Gedicks
I. INTRODUCTION: THE PERMISSIBLE ESTABLISHMENT? II. VARIETIES OF AMERICAN CIVIL RELIGION A. The Established Church B. “Nonsectarian” Protestantism C. Judeo-Christianity III. BEYOND JUDEO-CHRISTIANITY A. Unbelief and Eastern Religion B. Postmodern Spirituality C. Barely Believing IV. THE SECTARIANIZATION OF JUDEO-CHRISTIANITY A. The Decalogue Cases B. The Fiction of “Mere Acknowledgment” C. Sectarianization and the Return of Classic Tolerance V. CONCLUSION: THE PAST THAT IS NOT PRESENT The recent Decalogue Cases are the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of purportedly nondenominational symbols, rituals, and assumptions designed to create reverence of …