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The (Re)Turn to History in Religion Clause Law and Scholarship

Lee J. Strang

Georgetown Center for the Constitution; University of Toledo College of Law

Notre Dame Law Review, Vol. 81, No. 5, p. 1697, 2006

In this Introduction, I offer a brief review of and explanation for the role history has played in the Supreme Court's religion clause jurisprudence and scholarly efforts. History's role is powerful in the Establishment Clause context, which I will discuss first. In stark contrast, history played almost no role in the Free Exercise Clause context until 1990, in response to the (in)famous Employment Division v. Smith. Thereafter, I will discuss the contributions of the Symposium participants which better our understanding of the proper role of history in, and the historical background of, the religion clauses.

Number of Pages in PDF File: 20

Keywords: establishment, free exercise, originalism, history, supreme court

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Date posted: January 31, 2007  

Suggested Citation

Strang, Lee J., The (Re)Turn to History in Religion Clause Law and Scholarship. Notre Dame Law Review, Vol. 81, No. 5, p. 1697, 2006. Available at SSRN: http://ssrn.com/abstract=960470

Contact Information

Lee J. Strang (Contact Author)
Georgetown Center for the Constitution ( email )
Georgetown University Law Center
600 New Jersey Avenue NW
Washington, DC 20001
United States
HOME PAGE: http://www.law.georgetown.edu/academics/centers-institutes/constitution/
University of Toledo College of Law ( email )
2801 W. Bancroft Street
Toledo, OH 43606
United States
419-530-2877 (Phone)
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