Two Other Things

(1) Yes, a "national day of prayer" is problematic, particularly since "prayer" is a certain type of religious practice, mild sectarian endorsement or not. (2) I'm wary of partial lists for "equality" or "cruel or unusual," etc., so don't like Stevens' death penalty amendment idea. But, guess who argued the defendant side in Baze v. Rees? Our current U.S. solicitor general.