Long op-ed of likely interest to list members:
http://www.opinionjournal.com/editorial/?id=110005223
Sent from the BlackBerry Wireless Handheld of:
Anthony R. Picarello, Jr.
Vice President General Counsel
The Becket Fund for Religious Liberty
1350 Connecticut Avenue, NW, Suite 605
Washington,
Well, wouldn't there actually be different constitutional considerations
depending on whether the letter was sent but not released, or sent and
released? Or would there be? And if there were (or were not),
why?
And, obviously, yes, this is the Lincoln letter to Mrs. Bixby (slightly
I apologize for responding to this post at this late date. However, I
want to refer everybody to Lupu's piece (the name of which escapes me)
in which he establishes a grid analysis of the two clauses.
If I understand him aright, it goes something like this:
(1) Strong EC, Strong FE
(2) Strong
The piece to which Michael Newsom refers is The Trouble with
Accommodation, 60 GW L Rev. 743, 779-781(1992). But the 4th
category is Weak EC, Weak FE (Michael accidentally wrote the 4th
one as a repeat of the third).
Chip Lupu
On 16 Jun 2004 at 16:26, Newsom Michael wrote:
I apologize for
What is the mortal sin that Kerry is
guilty of? I assume that it takes being in
such a state to warrant a Catholic reaching the decision that he or she should not take communion?
-Original Message-
From: Amar D. Sarwal
[mailto:[EMAIL PROTECTED]
Sent: Monday, June 14, 2004
There is a difference between asking the Pope to support broad policy
goals and asking the Pope to support a particular presidential
initiative. My sense of the reports is that Bush's remarks tended
toward the second position, not the first.
-Original Message-
From: Volokh, Eugene
An odd piece. The author doesn't distinguish between being a minority and
being an outsider. He doesn't distinguish between the experience of
difference that arises when private individuals and institutions espouse
beliefs and engage in practices that do not parallel one's own beliefs and
Hmm -- I haven't gotten the same sense; might I ask which
particular presidential initiative (as opposed to broad policy goals
related to abortion, gay marriage, etc.) the President was asking the
Pope to support?
More broadly, would there be a *constitutionally significant*
Title: Re: Huntington in WSJ re Under God
I take his point to be simply that religious outsiders may feel like outsiders because they are outsiders. A pretty uncontroversial point as far as it goes, if not often said in polite company. More interesting is the tacit corollary, a challenge to
We could add one more element: if the president is trying to rewrite or
recast the Constitution. (I have in mind Bruce Ackerman's interesting
thoughts on the subject of informal (if not ultra vires) amendments of
the Constitution).
-Original Message-
From: Mark Graber [mailto:[EMAIL
The grid or integrated approach to the Religion Clauses (or more
accurately, singular Clause) articulated by Chip Lupu is a most valuable way
to explore the clauses.
With acknowledgement of our considerable indebtedness to Chip, our
forthcoming Ohio State Law Journal empirical study of religious
At 04:01 PM 6/16/04 -0700, you wrote:
outsiders today in contemporary,
secular America. And I hear it a lot from the far Right and the far Left
that Jews run the country and the media -- that we are the ultimate
insiders. And what about minority Christian denominations like Christian
Scientists,
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