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Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Bruce Ledewitz
Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …
Seeking “Common Ground”: A Secular Statement, Bruce Ledewitz
Seeking “Common Ground”: A Secular Statement, Bruce Ledewitz
Bruce Ledewitz
Seeking “Common Ground”: A Secular Statement Bruce Ledewitz “If common ground can be defined which permits once conflicting faiths to express the shared conviction that there is an ethic and a morality which transcend human invention, the sense of community and purpose sought by all decent societies might be advanced.” Religion has its uniqueness, which is feared in the Establishment Clause and protected in the Free Exercise Clause. But religion is also part of a larger tradition that transcends religion and includes much of philosophy and political theory. That tradition was characterized by C.S. Lewis as the “doctrine of objective …
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Bruce Ledewitz
The crisis in Establishment Clause interpretation consists in the Supreme Court’s unwillingness to enforce the promise of government neutrality toward religion made in Everson in 1947 and its inability to offer an alternative interpretation that would gain majority support among the Justices and the American people. The crisis is symbolized by the Court’s reversal on standing grounds of the Ninth Circuit’s judgment that the words “under God” in the Pledge of Allegiance violate the Establishment Clause, thus “ducking” the case and the principle involved. The government speech doctrine would redeem Everson’s promise of neutrality without imposing a purely secular public …