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Constitutional Law

Selected Works

2013

Robert Rodes

Articles 1 - 3 of 3

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The Passing Of Nonsectarianism--Some Reflections On The School Prayer Case, Robert E. Rodes Nov 2013

The Passing Of Nonsectarianism--Some Reflections On The School Prayer Case, Robert E. Rodes

Robert Rodes

Engel v. Vitale was a landmark case which marked a jurisprudential shift in the constitutional meaning of the Establishment Clause. This paper, written in the aftermath of this important case, reflects on, and contrasts, England's historical establishment of the Church with historical nonsectarianism in the United States. After analyzing the role which the tripartite Protestant-Catholic-Jew nonsectariansm played in society before Engle, the paper suggests that nonsectarianism served the beneficial purpose of directing the whole institutional structure of society toward the last end of human beings. With the passing of nonsectarianism, the nation is left with the problem of accurately ...


The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes Nov 2013

The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes

Robert Rodes

In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and ...


Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes Nov 2013

Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes

Robert Rodes

No abstract provided.