Sober second thoughts: reflections on two decades of constitutional regulation of capital punishment

Article Abstract:

The constitutional capital punishment jurisprudence since Furman v. Georgia and Gregg v. Georgia has created extensive constitutional doctrine but has failed to address the bias and reliability concerns of many opponents of the death penalty. The complexity of these doctrines may give the appearance that safeguards are in place, but empirical evidence demonstrates that race, income and intellect still affect capital sentencing decisions. These shortcomings suggest that alternatives to the present systems of protections for capital defendants should be considered.

Capital punishment

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Rethinking the incorporation of the Establishment Clause: a federalist view

Article Abstract:

The Establishment Clause of the First Amendment should not be applied to the states by incorporation under the 14th Amendment. Because the Establishment Clause was originally intended to protect state authority over religion against federal intrusion, its incorporation is inconsistent. Reversing the incorporation inaugurated by Everson v Board of Education (1947) may be the best solution. Religious liberty would still be adequately protected by other means, such as the Free Exercise Clause, state constitutions and the existence of religious pluralism.

Federalism, Political aspects

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Constitutional law - establishment of religion - Third Circuit holds that prayer at graduation is unconstitutional even if it results from a student vote. - ACLU v. Black Horse Pike Regional Board of Education, 84 F.3d 1471 (3d Cir. 1996)

Article Abstract:

The US Court of Appeals for the Third Circuit found in ACLU v. Black Horse Pike Regional Board of Education that the process of having public high school students vote on whether or not to have a prayer and what the content should be violated the Establishment Clause. The dissent argued that a majority rule ensured that state was not aiding religion. The dissent's claims are contrary to the express purpose of the separation of church and state, which is to protect religious minorities from be subjected to state endorsement of a majority religion.

Cases, Prayer in the public schools, School prayer, Graduation ceremonies

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