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Article: The case of Frankfurter v. Jackson.(religious freedom and U.S. constitutional history)
- Article from:
- The Public Interest
- Article date:
- March 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 The National Affairs, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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MOST every aspect of life in the modern state is exposed to laws and regulations, many of which can have the effect of restricting the free exercise of religion. This gives rise to demands that the state "accommodate" religion by refraining from enforcing commands or prohibitions on believers that are binding on other citizens. Since the end of World War II, the response of the U.S. Supreme Court to these demands has gone through two distinct phases.
In the initial phase, first introduced in 1943 and subsequently refined, the Court set forth a regime of required accommodations: If a state action pursuing a generally valid public purpose has the effect of ...