Article

Illicit Legislative Motivation As a Sufficient Condition for Unconstitutionality Under the Establishment Clause—A Case for Consideration: The Utah Firing Squad

Author: Martin R. Gardner (University of Nebraska)

  • Illicit Legislative Motivation As a Sufficient Condition for Unconstitutionality Under the Establishment Clause—A Case for Consideration: The Utah Firing Squad

    Article

    Illicit Legislative Motivation As a Sufficient Condition for Unconstitutionality Under the Establishment Clause—A Case for Consideration: The Utah Firing Squad

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Abstract

This Article tests the thesis that the religious motivation of legislators, apart from the religious effects of their legislation, is sometimes a legally and philosophically sufficient basis for striking down legislation under the establishment clause.

Keywords: Freedom of religion, Judicial review, Legislation, Prisons and prisoners, Penology

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Published on
1979-01-01

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