Comments on Stephen Carter's lecture
Article Abstract:
The author comments on Stephen L. Carter's thesis that the constitutional protection under the Free Exercise Clause pressures religions to conform to what the Supreme Court says government may proscribe. The author notes that Congress may pass laws benefiting religious groups following negative judicial rulings, and protection of free exercise rights helps small or minority religions.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
The religion clauses and Justice Brennan in full
Article Abstract:
The author disputes Stephen L. Carter's contention that the Constitution's establishment of religious freedom harms established religion by taking away its power to subvert the state. The author states that Carter misinterprets Justice Brennan's views on the establishment clause and ignores the dangers that could result if believers capture state policy.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Religious freedom as if religion matters: a tribute to Justice Brennan
Article Abstract:
The author contends that treating religious activity as a constitutional right conflicts with the idea of religion itself, and may harm religions. Religion provides the believer with a transcendent reason to subvert state power, and for this reason, the state will always try to domesticate it.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Clinton's legal bills now exceed $8M - and counting. Starr's investigation creates a cottage industry. A November surprise from Starr?
- Abstracts: In memoriam - Walter Gellhorn. In memoriam: writing for Justice Powell
- Abstracts: Professor Stefan Albrecht Riesenfeld: a tribute. Introduction. Tribute: Professor Preble Stolz
- Abstracts: A U.C.C. for e-commerce angers some; uniform law group also has plan for evidence, estate tax. New suits pre-empt HMO move by House; lawyers build on the growing body of patients' rights law
- Abstracts: Understanding the purpose of a corporation: an introduction. The conception that the corporation is a nexus of contracts, and the dual nature of the firm