Season 2, Episode 30 (Show 82): Separate or Equal

July 20, 2022

Next up on the hit parade from the end of the SCOTUS term is the school voucher case from Maine, Carson v. Makin.  Professor Amar looks at the history, and the series of cases that deal with the “wall of separation” concept; Carson then lines up neatly. 

CLE credit is available by visiting podcast.njsba.com after listening.

Our review of the major cases decided at or near the end of the recent Supreme Court term continues with Carson v. Makin,  The case immediately brings to mind the often-invoked metaphor of the “wall of separation” between church and state.  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.  By now our listeners should know the next step, as the Reconstruction must be brought in.  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.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visitingpodcast.njsba.com after listening.)