ichard John Neuhaus has joined the chorus of those singing a lament to the death of religious liberty (“Polygamy, Peyote, and the Public Peace,”October 1990). The cause of the choir’s mournful tune is the Supreme Court’s decision in the so-called peyote case, Employment Division v. . . . . Continue Reading »
No one should be surprised that decisions of great constitutional moment are sometimes occasioned by cases that seem trivial or exotic. Those who are threatened by the majority sentiment of the moment appeal to the Constitution, although not always successfully. There was, for instance, the 1879 . . . . Continue Reading »
In 1984 a federal court held the public schools of the Kansas City, Missouri, School District to be in systematic violation of the Fourteenth Amendment. Both the district (KCD) and the State of Missouri had consciously worked to maintain racial segregation in the district's schools. The pupil . . . . Continue Reading »
It is doubtful that there is any substantial American consensus on what the flag symbolizes, because it is becoming hard to specify in what sense this increasingly heterogeneous country is a “nation.” . . . . Continue Reading »
Beginning with the Supreme Court’s Webster decision of last July, Americans were delighted, distressed, or simply puzzled to discover that abortion was back in the political arena. It had been abruptly “removed from politics” by the Roe v. Wade decision of 1973, when it became a question . . . . Continue Reading »
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