Welcome back to the Dershow. Today we're going to have a Constitutional Seminar

about the appropriate role of religion, organized religion, but any religion in

our Constitutional scheme of things. When the Trump Court emerged, I predicted

that one of the major changes that would occur would not be about specific

cases, criminal cases, probably be decided essentially the same way. Many

commerce closes will be decided the same way. The big change would be that

there is now a majority for allowing religion, formal, organized, mainstream

religion, to become a more important part of our Constitutional way of life,

that the big switch will be from the two provisions of the Constitution that

seem in conflict, the establishment clause and the free exercise clause, and

just a reminder that the First Amendment was not written brilliantly because

it doesn't tell us exactly how to resolve this, but it says Congress will make

no law respecting an establishment of religion, pretty broad, respecting an

establishment of religion and Congress has now been extended by the courts

after the 14th Amendment to mean the states, any state, any governmental

official actor cannot take any action respecting an establishment of

religion. Okay, that's one clause, and then after a comma or prohibiting the

free exercise thereof, so under a Constitution you can't stop people from

exercising their religious rights, but you can stop government from establishing

religion or any form of religion, as I've said on past shows, what if one person's

free exercise of religion requires them to urge establishment of religion? For

example, many within the tradition of the Catholic Church believe that the

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