The Rise and Decline of American Religious Liberty (book review)

New from The Movie Snob.

The Rise and Decline of American Religious Liberty, by Steven D. Smith (2014).  In this slim volume (171 pages, excluding endnotes), Smith sets out to correct what he views as the misleading conventional wisdom about the meaning of the Religion Clause of the First Amendment.  (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .”)  He argues that the Framers did not intend the Clause to usher in a strictly secular state but rather to establish that the national government had no jurisdiction to mess with state establishments of religion or to infringe on people’s rights to worship as they chose.  And he argues that the Supreme Court’s current incoherent religion jurisprudence is a result of straying from those original (limited) purposes.  I thought it was an interesting, if dense, book, but it seems to underplay the importance of the Fourteenth Amendment and especially the Equal Protection Clause.  Before the Civil War, yes, the states could have an established church or show favoritism to a religion (or religion in general).  But once states had to give everyone the “equal protection of laws,” what did that mean for religious favoritism?

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