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The Original Meaning Of The Establishment Clause, Robert G. Natelson
The Original Meaning Of The Establishment Clause, Robert G. Natelson
Faculty Law Review Articles
The article builds on Establishment Clause studies conducted by Noah Feldman and Philip Hamburger, which utilize ratification materials to explain the founding generation's free exercise ideology and the emergence of the Establishment Clause from that ideology. In this article, the author demonstrates how the "religion terms" of the Gentlemen's Agreement clarifies the meaning of the Establishment Clause so that persistent interpretive difficulties largely disappear.