The big break came with Boerne. I tell its story here against the background of the American devotion to religious liberty and the power granted Congress after the Civil War by the fourteenth amendment.
THE LUSTROUS EXPERIMENT
A unique contribution of the United States to civilization is the invention of religious liberty. No nation before our own had moved beyond tolerance. No nation had made freedom of religion a cherished value. No nation had designated "exercise," not mere opinion, as the value guaranteed. No nation had ever guaranteed in a written constitution that the nation would enact no law prohibiting the free exercise of religion.
The mother country, Great Britain, had for a century enjoyed a highly limited tolerance, coupled to the establishment of a church endowed with many prerogatives and privileges. Protestants who were not communicants in the Church of England, Catholics, Jews, members of all the other religions of the world, agnostics, and atheists were the subject of lega ... read full excerpt from Narrowing the Nation's Power: The Supreme Court Sides with the States ebook
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