The Constitution in 2020: Religion, Division, and Pluralism

I am participating this weekend in a conference at Yale Law School on "The Constitution in 2020" (more info here).  There is also a blog up-and-running, where the various participants have posted summaries of their contributions to the conference.  My contributions on "The Infrastructure of Religious Freedom" and "Religion and Division" are available here and here.  Here is a bit from the former:

What The Constitution in 2020 calls a “progressive vision of constitutional law in the years ahead” should, I believe, re-discover, incorporate, and emphasize what might seem a not-very-progressive – because very old – idea.  Here it is:  Constitutionalism generally, and religious freedom more specifically, are well served by the protection and flourishing of an array of self-governing non-state authorities.  The Jacobins were wrong.  In a nutshell, religious liberty is both nurtured in and protected by – it needs, I think – religious communities, associations, and institutions.