Relig Freedom Supr Court

3 Credits · Level: Graduate

This course examines the intersection/symbiosis/clash of law and religion in the United States from Colonial times through the present, including the most recent Supreme Court decisions. We begin with an examination of the historical antecedents of the two Religion Clauses of the First Amendment -- the anti-establishment clause, which prohibits government action respecting the "establishment" of religion (yet expressly avoids the definition of that term); and the free exercise clause, which proscribes governmental prohibition of the “free exercise” thereof (while expressly avoiding the definition of that term as well). How can we square these two freedoms? And what exactly constitutes "religion"? The Constitution is silent. We must look elsewhere for guidance – elsewhere in the United States Supreme Court.