Questions:
1. What is the main problem with establishing an orthodoxy and why some people like orthodoxies anyway and either forget or ignore the problem? (p.4-5)
2. What are the two clauses of the First Amendment and how have they been understood? (p.5)
3. Which propositions used to be considered the common ground of all the religions? Why those propositions cannot be considered common ground nowadays? (p.6)
4. What would it mean to say that “incorporation” doesn’t apply to the First Amendment? (p.7)
5. Why some people see the trend towards public endorsement of a religious national identity as innocuous or even good? (p.8)
6. What would be the problem with absolute or literal separation between church and state? Give examples from the reading. (p.9)
7. In what sense separation between church and state protects religion? (p.10)
8. Why Nussbaum thinks it is important to take into account philosophical ideas when trying to understand the issues underlying constitutional law? (p.11)
9. Is it unfair to make exceptions for some individuals in order to guarantee equality? Why or why not? Consider Mrs. Sherbert case. (p.12 and 14)
10. What was the crucial question in the case involving a nativity scene, a Christmas tree, and a Hanukkah menorah in the premises of a Pittsburgh Courthouse? (p.13)