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God, Politics, and the First Amendment
Retrieved December 31, Accommodationists, on the other hand, read the establishment clause as prohibiting Congress from declaring a national religion or preferring one to another, but laws do not have to be shorn of morality and history to be declared constitutional. They apply Lemon only selectively because "[w]e are a religious people whose institutions presuppose a Supreme Being" as Justice Douglas wrote in Zorach v.
Clauson U. Does God Make a Difference? Oxford University Press. First Amendment Politics: At the risk of oversimplifying a very complicated situation, I suggest that conservative justices tend to favor a weak reading of both the Free Exercise and Establishment clause, while liberals tend to favor strong readings.
That is, conservative justices have been less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities. Liberals, by contrast, have been opposed to any possibility of a religious establishment and they have been relatively more concerned to protect the free exercise rights of minorities.
Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law
Yale University Press. Conservatives claim that liberals misinterpret the establishment and free exercise clauses of the First Amendment. Board of Education : "The 'establishment of religion' clause of the First Amendment means at least this: neither a state nor a Federal government can set up a church.
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The Constitution of Religious Freedom - Baylor University Press
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