By Kronig R.
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Feldman, supra note 67, at 351. Id. Mitchell v. S. 793, 910 (2000) (Souter, J. dissenting). Id. at 868. Zelman v. S. , dissenting). , students and their families), rather than according to the government’s own preferences, the conscience of the dissenting individual taxpayer does not warrant the categorical exclusion of religious groups. Exclusion under these circumstances is a prime example of the law’s propensity to elevate the individual conscience at the expense of the communal venues through which the full flourishing of conscience is most likely to occur.
V. S. 574, 592 (1983). 62 Racially discriminatory educational organizations do not possess an inviolable right to tax-exempt status, to be sure. If Congress decides to exclude such groups, it can prudently do so given the duration and difficulty of our national conversation on race and the depth of the consensus that has resulted. It is not apparent, however, how or why social consensus could be taken as a form of conscience. The court has never explained how any group (much less a nation) can possess its own freestanding conscience.
As a society, we show our concern for Seeger’s conscience by providing him with tools to resist state efforts to coerce its violation.