The Court of Disbelief: The Constitution’s Article VI Religious Test Prohibition and the Judiciary’s Religious Motive Analysis.

That is the title of an article I published in 2006 in the Hastings Constitutional Law Quarterly 33.2 & 3, pp. 337-360. I bring this to your attention because I cited it in a recent exchange I had with a friend on my Facebook wall.  Here's how the article begins: In several federal cases concerning whether particular statutes or policies violate the First Amendment’s prohibition of religious establishment, both the United States Supreme Court and other federal courts have rejected the co … [Read more...]


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