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.

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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.

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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.

Analysis, Church and state

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