Separate or Equal

Published: July 20, 2022, 1:05 p.m.

b'***CLE Available*** Our review of the major cases decided at or near the end of the recent Supreme Court term continues with Carson v. Makin,\\xa0 The case immediately brings to mind the often-invoked metaphor of the \\u201cwall of separation\\u201d between church and state.\\xa0 Professor Amar takes us back to the Founding and the origin of this meme, and in so doing, gives us an originalist analysis of the Establishment and Free Exercise clauses of the First Amendment.\\xa0 By now our listeners should know the next step, as the Reconstruction must be brought in.\\xa0 When we have finished looking at the text, the history, and the structure of the Constitution and its amendments, the case itself falls neatly into place.'