Scott Rutledge: 2 books

Reflections on the historical First Amendment. With just sixteen words, America's founders outlined the new nation's stance toward religious concerns. Here is a brief history of the Supreme Court's interpretation, occasional neglect, and eventual misinterpretation of those few words.

The U.S. Supreme Court has ceased to be a strictly legal institution, if it ever was one. That’s why we see such impassioned political struggles over any appointment of a new Justice. The contentiousness includes, moreover, the nature of the role which the Justices now claim for themselves, that...