
The Supreme Court v. Peyote
More Perfect
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The First Amendment and the Right to Freedom of Religion
In Smith, with the rights of Native American religious practice on the line, Scalia decided to stay in his lane and left lawmakers to make laws. As long as the law was general and didn't target a particular religion, it was fine. Justice Scalia said, sure, that will disadvantage minority faiths because the political process is not going to respect them. But he called it an unavoidable consequence of democratic government.
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