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How do the principles expressed in clauses 38-40 apply to the united states today

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Deputy Solicitor General Bator argued the cause for the United States as amicus ... and Clarine Nardi Riddle; [472 U.S. 38, 40] for the Center for Judicial Studies by .... the Establishment Clause did not bar the States from establishing a religion. ... of four judges who expressed the opinion that the full courtshould reconsider ...
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