The paper begins identifying the flaw in tradition free exercise of jurisprudence and discusses its original understanding. The paper looks at how this understanding has been applied to traditional religions like the Amish, Mormons and Native Americans in an inconsistent manner. The paper resolves that the Supreme Court needs to consider their own biases and look more towards the harm caused by the practice as opposed to the practice itself if it is to be protected.
From the Paper:
"The First Amendment to the Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" However, since Reynolds v. United States, in 1879, the Supreme Court has been struggling to understand the limits of free exercise. This paper will examine a historical conception of how the Supreme Court has viewed and misunderstood religion by examining three cases that best mark free exercise jurisprudence in the United States."
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The Misunderstanding of Religion Through Free Exercise Jurisprudence (2012, April 01). Retrieved May 26, 2012, from http://www.academon.com/Research-Paper-The-Misunderstanding-of-Religion-Through-Free-Exercise-Jurisprudence/4917
"The Misunderstanding of Religion Through Free Exercise Jurisprudence" 01 April 2012. Web. 26 May. 2012. <http://www.academon.com/Research-Paper-The-Misunderstanding-of-Religion-Through-Free-Exercise-Jurisprudence/4917>
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May 27, 2002
I majored in law and Philosophy at Hampshire College in Amherst MA. I further am now a law student at a top 20 law school in the country.