Extra Information Flashcards
Which two cases made the argument that allowing religious freedom would have made them put the law onto themselves?
Reynolds and Smith
Why does Talal Asad believe that the modern secular state is no different from the 17th century religion
He said that cuius regio, they were making laws based on their religion. So, they were not different from the old church
What are 2 reasons that Burger believes it’s okay for Pawtucket to display the nativity scene?
As long as there is a secular purpose and that it’s impossible to totally separate the church and state.
What does Scalia believe should be the standard for generally applicable law?
He believes that rational basis should be used and not a balancing test.
What are the two types of courts in the legal system and what do they focus on?
Trial court and appellate court. Trial court focuses on judge and jury while Appellate court focuses on dissenting and concurring
Why did O’Connor believe that the court could have reached the same decision in smith without overturning the sherbert test?
The first amendment does not distinguish between laws that are “generally applicable” and laws that are not. She concurs because she thinks Oregon has an compelling state interest in regulating controlled substances.
Law of general applicability
ED v. Smith
History and tradition as precedent
Lynch v. Donelly, Reynolds v. US, Bowers v. Hardwick
Rhetorical Dance
Cathleen Kaveny
Accommodation
Sherbert v. Verner
Slippery slope argument
Bowers v. Hardwick but mainly Stasi Commission because of if they allow headscarves, it would’ve invited other forms of oppressions
Defining good religion
Stasi Commission and Rousseau
