1. Although the Supreme Court’s Establishment
Clause jurisprudence is at times conflicting and nearly indecipherable, there
are two clear rules that emerge from the cases. First, government “may not delegate a
governmental power to a religious institution.” Or, in the words of Prof. Carl Esbeck:
(“Government cannot delegate civil authority to
a religious organization.” This is Larkin v. Grendel's Den.
2. Second, government “may not discriminate among
persons on the basis of their religious beliefs and practices.” In his article on Restatement of the
Supreme Court’s Law of Religious Freedom, Professor Esbeck stated this second principle as follows:
“Government cannot confer a benefit on religion if the benefit is not available
to others similarly situated.” See Barense.
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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