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Thou Shalt Merge Church & State (with Noah Feldman)
Jul 8, 2024
Noah Feldman, Harvard Law professor, discusses Louisiana's Ten Commandments law and the rise of religious laws. They explore the impact on the Establishment Clause, eroding separation of church and state, and the controversy in public schools.
24:57
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Quick takeaways
- Recent court decisions have shifted towards a 'history and tradition' approach, allowing for religious laws in public institutions.
- The Supreme Court's conservative majority has led to a constitutional revolution impacting church-state separation laws and religious freedom.
Deep dives
The Evolving Interpretation of the Establishment Clause and Free Exercise Clause
The recent legal battles surrounding the display of the Ten Commandments in Louisiana public school classrooms highlight a shift in the interpretation of the Establishment Clause and Free Exercise Clause. In the past, the government was prohibited from endorsing or coercing religious practices. However, recent court decisions have shifted towards a 'history and tradition' approach, opening the door for religious laws like the display of religious symbols in public institutions, sparking debates on the limits of religious influence in public life.
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