tag:blogger.com,1999:blog-1237087217187172116.post2729964057518057909..comments2024-03-28T10:44:30.518-06:00Comments on American Creation: Barnett v. Lash on whether the EC Incorporates on Originalist GroundsBrad Harthttp://www.blogger.com/profile/17669677047039491864noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1237087217187172116.post-69174715620568163712015-04-14T00:49:40.640-06:002015-04-14T00:49:40.640-06:00It is not apparent why the establishment clause sh...It is not apparent why the establishment clause should be interpreted either to express an individual right to be free of government established religion or to only allocate jurisdictional authority over that subject between the federal and state governments. The historical evidence would bear out, I think, that various founders understood and intended the First Amendment to serve one or the other or both functions. Why suppose that modern jurists must choose to confine its meaning to only one or the other function?David Ivesterhttps://www.blogger.com/profile/05092290987347374975noreply@blogger.comtag:blogger.com,1999:blog-1237087217187172116.post-49993613803700105062015-04-12T02:45:40.641-06:002015-04-12T02:45:40.641-06:00Libertarian Randy Barnett: " Although I have ...Libertarian Randy Barnett: " Although I have not written on the subject, nor studied it with the seriousness required to make me a true expert, I have come to believe that a constitutional bar on established churches is not a bar on all religious expression in the public sphere."<br /><br />All is not lost. Yet, at least.Tom Van Dykehttps://www.blogger.com/profile/07121072404143877596noreply@blogger.com