We’ve all heard the phrase “separation of church and state,” but do we know where it came from? Guest Professor Philip Hamburger gets us into the history of the Establishment Clause, the flaws in the “separation” theory, and why a memorial cross on public property in Bladensburg, Maryland, deserves to stay.

How the Lemon Test Soured the First Amendment

In Season 2 of Stream of Conscience, we dive deeper into religious liberty to explore its two major components, the Establishment Clause and the Free Exercise Clause. What did the framers of the Constitution mean when they forbade the “establishment” of religion? Who gets to decide what “free exercise” of religion includes? What’s the difference between the two clauses, and how do we argue cases arising under them? 

Season 2 also introduces cases that are not strictly religious liberty cases. We’ll talk about how other fundamental freedoms, like the freedom of speech and the right to property, intersect with religious liberty, and why it’s so important to understand these connections as we defend our freedoms.

Society & Culture

In Season 2 of Stream of Conscience, we dive deeper into religious liberty to explore its two major components, the Establishment Clause and the Free Exercise Clause. What did the framers of the Constitution mean when they forbade the “establishment” of religion? Who gets to decide what “free exercise” of religion includes? What’s the difference between the two clauses, and how do we argue cases arising under them? Season 2 also introduces cases that are not strictly religious liberty cases. We’ll talk about how other fundamental freedoms, like the freedom of speech and the right to property, intersect with religious liberty, and why it’s so important to understand these connections as we defend our freedoms.

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How the Lemon Test Soured the First Amendment

How the Lemon Test Soured the First Amendment