Tuesday, October 19, 2010
Erwin Chemerinsky released his new book, The Conservative Assault on the Constitution, late last month. It's a highly accessible, often first-hand account (through his own cases, his own advocacy) of how a rightward shift in the composition of the federal courts has changed the Constitution.
Among the topics Chemerinsky examines: school segregation; executive authority; religion clauses; rights of criminal defendants; and access to the courts.
Chemerinsky identifies separation of church and state as a key issue--one that happens to be in the headlines today, after Republican and Tea Partier Christine O'Donnell seemed to argue in her debate with Chris Coons that nothing in the First Amendment compels such separation. Here's part of what Chemerinsky has to say about it:
A major concern of the right wing is the separation of church and state. For decades, it was understood that the First Amendment's prohibition on the establishment of religion meant that there was a wall separating church and state, a wall that kept American governments secular. But conservatives, especially starting with the Reagan presidency, have sought to eliminate any such notion. They argue that the government should have broad latitude to aid religion andto include religion in government activities. With the arrival of Chief Justice Roberts and Justice Alito, there now appear to be five votes for radically changing the law in this area in a manner that conservatives have advocated for decades.