In church-state activism today the battle lines usually form between separationists and accommodationists. While there are other positions, these two have emerged dominant. While by the reckoning of most observers the accommodationists have been winning more often than not in Supreme Court decisions, no one wins all the time. In fact, one of the great
READ MOREOur predicament now [is] very similar to the conditions of nonconforming Christians in England during the reign of Charles I in the early seventeenth century. The State then and now has felt that all areas of life ought to be under its control.
READ MORETo be sure, there is great security in constitutional interpretation that is based on a close textual analysis. And Justice Scalia has been labeled a textualist, even if he himself seems to prefer the original intent approach to divining constitutional meaning. He is clearly on to something in analyzing history for constitutional clues. For, as
READ MORESupreme Court Upholds Ban The U.S. Supreme Court refused to hear a high school valedictorian
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