LAW 5090: Constitutional Law: Freedom of Religion - 2224

This course will examine the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution.  We will examine the history and purposes of the clauses. We will also examine the Supreme Court’s doctrinal tests to analyze how the Court’s theories regarding the clauses have changed over time and how to approach litigation strategy.  Classroom discussion will focus on the application of these tests, the limitations of each test, and whether each test fulfills the purposes of the Religion Clauses. We will discuss majority, concurring, and dissenting opinions to flesh out the issues.  Throughout the course, we will discuss how the requirements of the Establishment Clause and Free Exercise Clause can be reconciled and whether any of the current tests or theories can provide a workable solution and balance.