Religious Freedom and Indian Rights: The Case of Oregon V. Smith

by Carolyn N. Long

Book Overview

The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche.

In 1983, Klamath Indian Alfred Smith and...

• Format: Paperback
• Language: English
• ISBN: 0700610642
• ISBN13: 9780700610648
• Release Date: January 2001
• Publisher: University Press of Kansas
• Length: 336 Pages
• Weight: 0.60 lbs.
• Dimensions: 0.9" x 5.6" x 8.5"

Customer Reviews

Fascinating case study. . .

Carolyn N. Long documents the events in the case Oregon v. Smith, the saga of Al Smith, and the Klamath Indians. All the people who played a part in this judicial/legislative/religious tug of war were treated with respect by this author. Long asks us to ponder the question, who is more powerful God or Caesar? The sacramental ingestion of peyote has been part of the Native American Church for centuries. This native belief clashed directly with state and federal laws propelling this case to the highest court in the land. This book is a remarkable work that articulates each argument in a concise manner that is accessible to readers from any discipline. For example, the portion of the book that explains the disagreement between Justice Scalia and Justice O'Conner. Scalia's conclusion that generally applicable laws did not invoke the free exercise clause, was as interesting as O'Conner's refusal to dismiss a century of First Amendment jurisprudence. Controversy and politics make this case especially enthralling. Long describes the legislative process that the Religious Freedom Restoration Act went through. Her focused writing explained how legislative actions sprout and are nurtured through the political process, one reason why this superb book compliments coursework in Political Science. Oregon v. Smith contained interplay between citizens, local politicians, special interest groups and high profile members of the judiciary. The intense political positioning throughout this case, was as intriguing as a good game of chess and more enjoyable than a great work of fiction. Bravo!

A Compelling Read

In Religious Freedom and Indian Rights, Carolyn Long examines the events surrounding the landmark Supreme Court case Employment Division v. Smith, and presents a case study on the struggle between governmental power and individual religious freedom. Using the story of a Native American man fired for worshiping in the manner of his religion, the author illustrates the ongoing struggle in this nation over the meaning of the Free Exercise clause of the First Amendment, and its application in American government. As a case study, Employment Division v. Smith is an excellent choice, and Professor Long has done an admirable job of presenting all sides of the issue. By utilizing primary sources such as Justice Thurgood Marshall's personal papers, and through conducting many interviews with those involved with the case, she has written a text that is informative, balanced, and (above all) enjoyable. A great attribute of this book is that it is real; the interviews with Mr. Smith, his attorney, and Attorney General Frohnmayer add a "real life" dimension that many political science case studies lack. The reader walks away from this book knowing that Al Smith is a real person with real emotions and beliefs; that is a refreshing change. The book is a fairly easy read for college students, and the reader is kept interested by the regular "changes in scenery" between the Supreme Court, the attorneys, and the other players throughout the book. Religious Freedom and Indian Rights provides valuable insight into the inner workings of a landmark case and the various dynamics that come to play when one is allowed to take a controversy "all the way to the Supreme Court." This book will doubtless prove to be an asset to those seeking a better understanding of the First Amendment's free exercise clause, and would be a excellent choice as a text for a Civil Rights and Civil Liberties course.