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Article: TUG OF WAR: THE SUPREME COURT, CONGRESS, AND THE CIRCUITS-THE FIFTH CIRCUIT'S INPUT ON THE STRUGGLE TO DEFINE A PRISONER'S RIGHT TO RELIGIOUS FREEDOM IN ADKINS V. KASPAR
- Article from:
- St. John's Law Review
- Article date:
- October 1, 2006
- Author:
CopyrightCopyright St. John's Law Review Association Fall 2006. Provided by ProQuest LLC. (Hide copyright information)
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INTRODUCTION
Religious freedom is arguably the most important fundamental right guaranteed to the American people by the framers of the United States Constitution.1 Freedom from and freedom of religion were so important to our founding fathers that they warranted inclusion in the first two clauses of the Bill of Rights.2 When national legislation implicates these basic rights, it is of the utmost importance to determine the precise scope of the law's impact.3 These basic rights are clearly guaranteed, not only to every member of our free society, but to incarcerated criminals as well.4 Although incarcerated criminals experience some limitation of rights, they are still United States ...