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

20 Pages Posted: 31 Jan 2007  

Lee J. Strang

University of Toledo College of Law

Abstract

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.

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

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: https://ssrn.com/abstract=960470

Lee J. Strang (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419-530-2877 (Phone)

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