Free? Exercise

Abstract:     
The United States is in the midst of the greatest wealth transfer from government to religious entities in its history. The shift has been incremental and has occurred on a number of distinct fronts, and therefore has not been apparent to the casual observer. Because of the case and controversy requirement, which focuses the attention of judges and Justices on one case at a time, it is also a shift that may have been unnoticed by the judiciary and those who observe it. Yet, it has been a fast ride down a slippery slope about which James Madison warned over two hundred years ago. This slippery slope principle enunciated by Madison is reprinted in the epigraph at the beginning of this Article.

Number of Pages in PDF File: 129

working papers series