ABSTRACT
Religious freedom, as it has come to be understood in the United States, operates within the bounds of two broad limiting concepts; namely, separation of church and state, and reasonable exercise of the police power. The former is negative in its import; it signifies a prohibition upon government. The latter is permissive; it signifies the power of government to prohibit or regulate conduct, though such conduct may have a religious significance to certain persons. While religious freedom, like other constitutional freedoms, tends to declare itself an absolute—total separation of church and state—it is in fact limited by the principle of the police power and by practices that have become deeply rooted as symbols or in tradition, or that are beyond effective legal challenge. The authors use the term "police power" in its broad meaning, to include, e.g., the power of Congress to wage war, and the power of states to protect life and property.
