Lecture 5: Law and Religion

 

 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

 

(a) "Establishment" clause

 

(b) "Free Exercise" clause

 

Problems with (a): Are there laws that derive from a particular religion, and hence, constitute the establishing one religion over others, and hence, are unconstitutional?

 

Problems with (b): Does the exercise of one's religion ever conflict with the law, and if so, should the law be deemed unconstitutional, or should exceptions to the law be incorporated?