Huntington in WSJ re Under God

2004-06-16 Thread Anthony Picarello
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,

Re: More on Presidential Religion

2004-06-16 Thread JMHACLJ
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

RE: The quid pro quo theory

2004-06-16 Thread Newsom Michael
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

RE: The quid pro quo theory

2004-06-16 Thread Lupu
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

RE: The President and the Pope

2004-06-16 Thread Newsom Michael
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

RE: The President and the Pope

2004-06-16 Thread Newsom Michael
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

Re: Huntington in WSJ re Under God

2004-06-16 Thread A.E. Brownstein
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

RE: The President and the Pope

2004-06-16 Thread Volokh, Eugene
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*

Re: Huntington in WSJ re Under God

2004-06-16 Thread Menard, Richard H.
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

RE: The President and the Pope

2004-06-16 Thread Newsom Michael
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

RE: The quid pro quo theory

2004-06-16 Thread Sisk, Gregory C.
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

Re: Huntington in WSJ re Under God

2004-06-16 Thread Will Linden
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,