Description: |
The Constitution helps define, as it perhaps reflects, American society. In this scheme, religion has a special role. It, arguably uniquely, is given both constitutional protection (free exercise) as well as a constitutional limitation (no establishment). Religion's placement in the Bill of Rights (as a part of the First Amendment) suggests its importance (both in protection and in limitation) to the founders, and religion's role in society today remains important and controversial. This course examines the historical forces that led to the adoption of the religion clauses of the First Amendment, the subsequent development of those clauses (importantly through the close reading of key Supreme Court opinions), and the nature of contemporary controversies, both judicial and academic, over the scope and meaning of the religion clauses of the First Amendment. |