Breaking and Bending Originalism: Scalia v. Souter in the Enduring Debate over the Original Meaning of the Religion Clauses.Shapanka, Matthew.
On the modern Supreme Court, both Justices Antonin Scalia and David Souter use historical evidence to discern the original meaning of the religion clauses of the Constitution. Yet despite this common citing of history, both justices consistently reach opposite conclusions, conservative and liberal respectively, on the outcomes of religion clause cases. This Thesis examines the originalist approach... read more
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