By Mark Moller, Mark K. Moller
The appointments of leader Justice John Roberts and affiliate Justice Samuel Alito made this a momentous 12 months for the best court docket. Now, hypothesis is rife in regards to the influence those justices may have on our constitutional rights. In its first time period, the recent Roberts courtroom has tackled arguable circumstances regarding assisted suicide, wetlands, crusade finance, unfastened speech, and privateness rights--providing, within the strategy, vital tricks in regards to the course the hot courtroom will chart. during this annual evaluation from the Cato Institute, edited by means of Mark Moller, prime felony students research those and different far-reaching situations of the 2005-2006 very best court docket time period. extra valuable than ever, the Cato ultimate court docket evaluate is exclusive and well timed studying, critiquing the Court's judgements and rising instructions with authenticity, perception, and readability.
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Extra resources for Cato Supreme Court Review, 2005-2006 (Cato Supreme Court Review)
Not surprisingly, those were the Protestant denominations that were numerically and politically dominant in the local communities where the challenged Ten Commandments displays were located. 127 Even beyond those serious problems, Justice Scalia’s expressly majoritarian analysis is at odds with the general concept of constitutionally entrenched rights that courts should protect, even—indeed, especially—against majoritarian policies and preferences. ’’128 To support that assertion she cited Barnette.
Dissenting); Church of the Lukumi Babalu Aye, Inc. v. S. , concurring in part and concurring in the judgment); id. , concurring). 113 See Petition for Writ of Certiorari, Employment Division v. S. 872 (1990) (No. 88-1213). 32 Religion and the Constitution: A Libertarian Perspective Throughout the protracted history of the Smith litigation, which the Supreme Court had also reviewed on a previous occasion,114 no party or judge had argued that any standard other than strict scrutiny should govern.
Accordingly, the First Amendment Religion Clauses protect individual religious liberty and freedom of conscience in the face of majoritarian religious preferences and the accompanying majoritarian political pressures. C. Justice Scalia’s Majoritarian Approach to the Establishment Clause As discussed above, from a constitutional and libertarian perspective, Smith’s most fundamental flaw was its suggestion that religious liberty for minority groups must be relegated to the vicissitudes of the majoritarian political process.
Cato Supreme Court Review, 2005-2006 (Cato Supreme Court Review) by Mark Moller, Mark K. Moller