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Constitutional Law

Selected Works

2013

Robert Rodes

Establishment Clause

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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 and …