Search results
Results from the WOW.Com Content Network
As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle, that the power of punishment is vested in the legislative, not in the judicial department. ...
In keeping with the lack of an established state religion in the United States, unlike in many European nations at the time, Article Six of the United States Constitution specifies that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States", meaning that no official state religion ...
Smith set the precedent [10] "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to religion." [11] In 1993, the Supreme Court revisited the Free Exercise Clause in Church of Lukumi Babalu Aye v. City of Hialeah.
One modern academic theory of religion, social constructionism, says that religion is a modern concept that suggests all spiritual practice and worship follows a model similar to the Abrahamic religions as an orientation system that helps to interpret reality and define human beings, [6] and thus believes that religion, as a concept, has been ...
The laws are seen as the method of the maintenance of order and security in the world. [3] A few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for BaháΚΌís include: Recite an obligatory prayer each day. There are three such prayers among which one can be chosen each day.
Kaplan instead thought of God "as a force, like gravity, built into the very structure of the universe", believing that "since the universe is constructed to enable us to gain personal happiness and communal solidarity when we act morally, it follows that there is a moral force in the universe; this force is what the Constructionists mean by ...
Verner (1963) that the Free Exercise Clause required accommodation for religious observances or practices when generally applicable laws imposed a penalty or burden on religious liberty absent a compelling state interest. [18] Other cases relevant to the development of accommodationist jurisprudence are: Board of Education v. Allen, Walz v.