The incoherence of neutrality: a case for eliminating neutrality from religion clause jurisprudence.

From: Journal of Church and State | Date: June 22, 2003| Author: Cinotti, David N. | Copyright information

"Just the place for a Snark! I have said it twice: That alone should encourage the crew

Just the place for a Snark! I have said it thrice: What I tell you three times is true." (1)

The Supreme Court has said more than thrice that government must remain neutral toward religion; (2) however, the Court has never clearly stated what government neutrality is. A neutral government remains like Lewis Carroll's snark: imagined, spoken about, but never found. This ess...

Related newspaper, magazine, and journal articles from HighBeam Research

Principled limitations on racial and partisan redistricting.(Group Conflict and the Constitution: Race, Sexuality, and Religion)
Yale Law Journal ; ... Court's voting rights jurisprudence still teeters on the brink of legal incoherence and political chaos ... other policies: The maps speak for themselves ... Court's constitutional jurisprudence. To provide the factual ... establish that this is the case. One means of documenting ... pre-Bolden ...
"Certain fundamental truths": a dialectic on negative and positive liberty in hate-speech cases.
Law and Contemporary Problems ; ... modified the regulatory structure of the news media to accommodate the limited nature ... 515 U.S. 819, 842 (1995). See also Good News Club v. Milford Cent. Sch., 533 U.S. 98 ... Florida. See Associated Press Wire, Breaking News, White Supremacist Convicted, N.Y. TIMES ...
Is establishment consistent with religious freedom?
McGill Law Journal ; ... violate the Establishment Clause. (176) County of Allegheny ... coercion implicated by the Religion Clauses is that accomplished ... Legislation and Moral Neutrality in Jeremy Waldron, ed ... those who do not like religion are exquisitely sensitive ... about the banishment of religion from ...
Framing transactions in constitutional law.
Yale Law Journal ; ... presumption of net neutrality be maintained ... materials, such as maps and laboratory ... Free Exercise Clause). But see Employment ... exemptions from religion-neutral, generally ... 185.) See Good News Club v. Milford ... of government neutrality to Religion Clause ...
THE CONSTITUTIONALITY OF RELIGIOUS SYMBOLISM AFTER MCCREARY AND VAN ORDEN
Texas Review of Law & Politics ; ... Congress should not establish a religion, and enforce the legal observation ... together, and establish a religion to which they would compel ... under the Establishment Clause, "the whole power over the subject of religion is left exclusively to the ... state constitutions."204 The clause, ...
The right to assisted suicide and euthanasia.
Harvard Journal of Law & Public Policy ; ... became galvanized on June 4, 1990, with the news that Dr. Jack Kevorkian had helped Janet ... Apr. 14, 1999) <http://www.freep.com/news/xtra2/qkevo14.htm>. (5.) See id. (6 ... Abortion and Assisted Suicide, DETROIT NEWS, Mar. 2, 1997, at A8. (8.) As developed ...
Solving the Batson paradox: harmless error, jury representation, and the Sixth Amendment.
Yale Law Journal ; ... the Equal Protection Clause of the Fourteenth Amendment ... the Equal Protection Clause.(180) And there, again ... the Equal Protection Clause.(181) From the standpoint ... respecting the jury's neutrality and its obligation to ... is harmless in every case. True structural error ... grand jury. In ...
Regulating political parties under a "public rights" first amendment.
William and Mary Law Review ; ... through its First Amendment and equal protection jurisprudence, the Supreme Court has given constitutional sanctity ... regulations of political parties' electoral activities. The case for favoring the public rights theory in other First ... advance expressive freedom. In the latter sort of case, Fiss has ...
When equality leaves everyone worse off: the problem of leveling down in equality law.
William and Mary Law Review ; ... Students, Speaker Says, ANCHORAGE DAILY NEWS, Oct. 10, 1997, at 1F (noting Alaska ... 40.) Palmer, 403 U.S. at 224 ( [N]o case in this Court has held that a legislative ... minority voters, was explained as a case based on the discriminatory effects ... in the Court's race discrimination jurisprudence) ... .
A Constitution of collaboration: protecting fundamental values with second-look rules of interbranch dialogue.(US Supreme Court's process-centered rules)
William and Mary Law Review ; ... 1998) (same). Another significant case is Anderson v. Liberty Lobby, Inc ... 1986). While the Court in that case indicated it was setting forth ... hearing transcript in criminal case absent specific findings of need ... to appellate review in any civil case ); Monaghan, supra note 754, at ... 179-80 ...