Entries by admin

CITY OF BOERNE v. FLORES, 1996 U.S. S. Ct. Briefs LEXIS 761(BRIEF FOR PETITIONER)

The Religious Freedom Restoration Act is different from any other act Congress has ever passed. Never before has Congress attempted to define for itself the core meaning of a clause of the Constitution and then to force that interpretation on the courts in every case raising the constitutional issue. This Act is unconstitutional because it goes too far.

Professor Ellis M. West, THE RIGHT TO RELIGION-BASED EXEMPTIONS IN EARLY AMERICA: THE CASE OF CONSCIENTIOUS OBJECTORS TO CONSCRIPTION, 10 J.L. & Religion 367

10 J.L. & Religion 367 Journal of Law and Religion 1993/1994 THE RIGHT TO RELIGION-BASED EXEMPTIONS IN EARLY AMERICA: THE CASE OF CONSCIENTIOUS OBJECTORS TO CONSCRIPTION Ellis M. Westa1 Copyright (c) 1994 by the Hamline University; Ellis M. West One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon […]

Professor Philip A. Hamburger, A CONSTITUTIONAL RIGHT OF RELIGIOUS EXEMPTION: AN HISTORICAL PERSPECTIVE, 60 Geo. Wash. L. Rev. 915 (1992)

60 Geo. Wash. L. Rev. 915 George Washington Law Review April, 1992 A CONSTITUTIONAL RIGHT OF RELIGIOUS EXEMPTION: AN HISTORICAL PERSPECTIVE Philip A. Hamburgera Copyright (c) 1992 by the George Washington Law Review; Philip A. Hamburger Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws […]

Professor Marci A. Hamilton, COMMENTARY: ON SCHOOL VOUCHERS AND THE ESTABLISHMENT CLAUSE: A Reply, 31 Conn. L. Rev. 1001 (1999)

[1001]  It is not often that one gets such immediate (and lengthy) written responses to one’s work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize […]

Professor William P. Marshall, The Case Against the Constitutionally Compelled Free Exercise Exemption, 40 Case W. Res. 357 (1990)

ARTICLE: The Case Against the Constitutionally Compelled Free Exercise Exemption, 40 Case W. Res. 357 1990 Reporter: 40 Case W. Res. 357 Author: William P. Marshall [357]  FREE EXERCISE JURISPRUDENCE is unique in constitutional law. Because direct regulation of religious activity almost never occurs, the litigation surrounding free exercise addresses only incidental and inadvertent regulation of religious conduct. For […]