Playing Around With Religion’s Constitutional Joints

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Professor Smith argues more generally that, when it comes to the Religion Clause, “there just is not much to say . . . that could or should convince anybody who is not independently inclined toward a particular advocate’s point of view.” Tracing at least “three clusters of authorities and arguments” with regard to government support for religion, Smith argues that no side is in a position to be convinced by the arguments of the others. While he finds himself siding with Tebbe’s position, he “can see no reason why anyone not so inclined should be persuaded.”

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