Thursday, December 7, 2006

Randall on Originalism, Blue Laws and the idea of a "Christian Nation"

Jaynie R. Randall has posted a new paper on SSRN: Sundays Excepted: Originalism, the Blue Laws, and the Christian Nation. Here's the abstract:
This Paper examines the text, history and structure of the Sunday exception in the Presentment Clause of the Constitution. It refutes the arguments that the Sunday exceptions enshrines the principle of a “Christian nation” into the Constitution or that it subsidizes the religious observance of the president. Instead, the Sunday exception illuminates two principles: deliberation and federalism. Rather than preempting state Sunday laws to allow the president and his advisors to deliberate on Sundays, the Sunday exception acts as a pressure valve to avoid conflicts with state laws.