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View Diary: Should we amend the US Constitution? Justice Stevens thinks so, incl. 2nd Amendment (new book) (321 comments)

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  •  It's in his Essays on Monopolies... (3+ / 0-)
    Recommended by:
    Sharon Wraight, roadbear, HugoDog

    "Is the appointment of chaplains to the two houses of Congress consistent with the Constitution, and with the pure principle of religious freedom? In strictness the answer on both points must be in the negative."...."the establishment of the chaplainship to Congress is a palpable (easily noticeable) violation of equal rights, as well as of constitutional principles."

    The total title of this essay is, Monopolies, Perpetuities, Corporations, Ecclesiastical Endowments.  It wasn't found and published until 1914.  Plenty of time though for the judges in the Marsh case to read it.

    I would highly recommend reading the whole thing. Madison worries greatly about religious insitutions gaining power and land.

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