First Amendment Freedom of Religion
The First Amendment begins by forbidding laws “respecting an establishment of religion.” At minimum, government may not create an official church, compel religious observance, or favor one faith over another. The clause also reaches less direct forms of government sponsorship, but it does not require public life to be stripped of every reference to religion. […]
Administrative Discretion and Rulemaking
No statute or manual can anticipate every fact. Administrative discretion is the judgment left to officials within legal boundaries. Congress may direct an agency to use a “reasonable,” “safe,” or “public interest” standard. Managers may decide where to place limited inspectors, and frontline employees may evaluate unusual evidence in an individual case. These choices are […]
