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Legal Commentary

: Prawfs

The Constitution in 2020: Religion, Division, and Pluralism

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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As Paul has mentioned, he and I (and Ethan) are participating in the "Constitution in 2020" conference and blog-conversation. My contributions on "The Infrastructure of Religious Freedom" and "Religion and Division" are available here and here. Here is a bit from the former:

What The Constitution in 2020 calls a ?progressive vision of constitutional law in the years ahead? should, I believe, re-discover, incorporate, and emphasize what might seem a not-very-progressive ? because very old ? idea. Here it is: Constitutionalism generally, and religious freedom more specifically, are well served by the protection and flourishing of an array of self-governing non-state authorities. The Jacobins were wrong. In a nutshell, religious liberty is both nurtured in and protected by ? it needs, I think ? religious communities, associations, and institutions.

Full post as published by Prawfs on September 29, 2009 (boomark / email).

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