Drooling on the Pillow

Friday, June 11, 2004

Mirabile Dictu 

Eugene Volokh on the Establishment Clause vs. the Free Exercise Clause, which dialectic has brought many otherwise clear thinkers to invoke the Insanity Claus. Mr. Volokh provides useful and illuminating observations. Like the tension between freedom and equality, each generation is characterized by the mix they make of the two poles. A little reverb here a little boost there. Today's jurisprudence seems to view the Establishment Clause as nullifying the Free Exercise Clause. Any free exercise in the public square is ipso facto an act of establishment. I speak as an agnostic.
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