PSCI 3303 Lecture Notes - Lecture 3: Microsoft Onenote, Fourteenth Amendment To The United States Constitution, William Rehnquist
Document Summary
Monday, october 19, 2015 11:33 am: free exercise secular rule. If the state regulates conduct by enacting a general law within its power, the purpose and effect of which is to advance the state"s secular goals, the statue is valid despite its indirect burden on religious. Questions to be asked of the law. Is this law general? (ex, catholics can"t use bread on sunday) Is there a non-religious goal of the law: free exercise modi ed secular rule, evolution of free exercise, sherbert v. verner (1963, employment division v. smith (1990) Adds a less drastic means test to the previous rule and a compelling purpose. Then move to modi ed secular rule (sherbert test) Move back to secular rule (oregon v. smith) Religious freedom restoration act gets passed, pushes modi ed again. Sc says secular rule (bernie v flores) for states but modi ed for federal. Seventh day adventist refused unemployment compensation because cannot work on saturday.