Document Type

Article

Publication Title

William & Mary Law Review

Abstract

To what extent can our conception of religious liberty survive or even flourish after the advent of the welfare state? This question, which I hope to address here, is in some sense inescapable. The fully developed welfare state is characterized by a high level of government action in all phases of economic and social life. Necessarily, therefore, some fraction of its constant stream of legislation will pose a challenge, if not a threat, to the autonomy of religious institutions. This stream of legislative action poses special analytical difficulties, moreover, because of the constitutional dualism between preferred freedoms and economic liberties that is the major legacy of the Supreme Court's New Deal decisions.

First Page

375

Volume

31

Publication Date

1990

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