Full and Equal Rights of Conscience
33 Pages Posted: 6 Feb 2010
Date Written: June 1, 2000
The core problem in the constitutional jurisprudence of law and religion may be that in the United States there is not now, nor has there ever been, a clear way to identify or to cabin the essential autonomy of religious life. It is uncommonly easy in the realm of religion, in fact, to identify exceptions and limitations. Thus there is a tendency to argue from extreme examples of one slippery slope or another. 100 Perhaps for this very reason, it would be wise to heed the nuances of historical context, rather than to seek a simply originalist key to unlock some purported Framers' intent.
Suggested Citation: Suggested Citation