phorwitz at hotmail.com
Thu Dec 4 13:56:23 PST 2008
Marci, I'm confused about the argument in the first few sentences of your comment. I agree that lobbying by religious entities does not make any law unconstitutional; I would omit the "by itself" and add "period." But why does that imply, as you suggest in your second sentence, that one who holds this view perforce believes that there is not much religious lobbying? And what is the import of that sentence? Are you suggesting that *substantial* religious lobbying might make an otherwise constitutional law unconstitutional?
Also, without wanting to be too cute about it, I'm confused about the reference to "legislation that is not on its face related to religion." Religion is or can be a comprehensive worldview. Isn't any and all legislation therefore potentially related to religion?
University of Alabama School of Law
To: cdubnoff at holycross.edu; conlawprof at lists.ucla.eduSubject: Re: (no subject)Date: Thu, 4 Dec 2008 15:15:50 -0500From: hamilton02 at aol.comOf course lobbying by religious entities does not make any law unconstitutional by itself. Such a view couldonly come from a view that there is not much religious lobbying. Not so. Few are awareof how much legislation is a result of religious lobbyists, even legislation that is not on its face relatedto religion. Or of how much of that legislation is not in the larger public interest, e.g., the CatholicChurch paying high lobbyist fees to kill child sex abuse statute of limitations reform.Marci
Paul R. Verkuil Chair in Public LawBenjamin N. Cardozo School of LawYeshiva University55 Fifth AvenueNew York, NY 10003-----Original Message-----From: Caren Dubnoff <cdubnoff at holycross.edu>To: conlawprof at lists.ucla.eduSent: Thu, 4 Dec 2008 1:40 pmSubject: (no subject)
But Wallace v Jaffree and Edwards v Aguillard were dealing with policies
claimed to advance religion. It seems to me the problem here is
conflating policy that promotes religion – for example the posting of
the Ten Commandments – with policy that religious individuals favor. I
don’t recall the Court
ever saying that a policy that resulted from the
lobbying of one or more groups of religious individuals violates the
Establishment Clause. I of course could be wrong.
Department of Political Science
College of the Holy Cross
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