The Rise and Decline of the Constitutional Protection of Religious Liberty

I. The Early Insignificance of the Free Exercise Clause ... A. Free Exercise Violations Abridging the Freedom of Speech ... B. Rejection of Free Exercise Claims Involving Religiously Motivated Conduct II. The Court Vitalizes the Free Exercise Clause III. Rejection of Subsequent Free Exercise Claims ... A. Government Interests in National Defense and Combatting Racial Discrimination in Education ... B. Special Contexts: Military and Prison Affairs ... C. Compelling Government Interest in an Exemption-Free Tax System ... D. A Structural Distinction Limiting the Scope of the Free Exercise Clause IV. Evaluating Smith V. The Remaining Protection of Religious Liberty under the Free Exercise Clause VI. The Aftermath of Smith VII. Conclusion