New on SCOTUSBlog: "Witnessing a reorientation of the First and Second Amendments on the Roberts court"
"What a difference two decades has made for the First and Second Amendments."
SCOTUSBlog has published the latest essay from me and Randy Barnett on the recent changes in constitutional law. This entry focuses on the Religion Clauses and the Second Amendment. It begins:
Twenty years ago, the Supreme Court strictly enforced the separation of church and state, deferentially reviewed restrictions on free exercise rights, and played no role in enforcing the Second Amendment. This was the state of the law when one of us began law school in the fall of 2006.
What a difference two decades has made for the First and Second Amendments.
The next installment in this series considers the changes to Congress' enumerated powers, the president's executive powers, and the separation of powers between those branches.