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This Article . . .sketches how the free expression, freedom of religion, and substantive due process provisions of the U.S. Constitution have been interpreted to define and protect families, religious institutions, non-political associations, and political parties. I have organized the discussion by topics rather than by institutions. The next section examines the ways in which constitutional law defines civil society's institutions, and Section III examines the extent to which it allows government to regulate them. Section IV deals with the constitutional restrictions on government's power to give unconditional or conditional grants to civil society's institutions. The Conclusion returns to the themes of this Section, but provides some greater detail on the ways in which government's constitutional power to define and regulate civil society's institutions, while substantial, might nonetheless be limited, not so much by the Constitution, but, again paradoxically, by civil society itself.

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75 Chi.-Kent L. Rev. 379-415 (2000)