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 … [Read more...]