As we begin our discussion of the Establishment Clause, I want you to journey back into the recesses of time, back to the days before you were a law student. Go back to your high school and college days, perhaps, and ask yourself "what was the story I was taught about the role of religion in the public square."
Maybe you were told this story in high school, or college. Somewhere you were discussing the subject of, say, a Ten Commandments display in a public park in Corny, Nebraska, and some teacher or speaker told you the story of what the First Amendment says about "church and state."
Think about that story and be prepared to share it with the class.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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