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1985

University of Missouri School of Law

First amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Secular Contribution Of Religion To The Political Process: The First Amendment And School Aid, The , Louis J. Sirico Jr. Apr 1985

Secular Contribution Of Religion To The Political Process: The First Amendment And School Aid, The , Louis J. Sirico Jr.

Missouri Law Review

In this Article, I first develop the thesis and evaluate objections to it. I also relate it to the thinking of the Constitution's Framers. Modern Supreme Court cases on church and state then are reviewed in search of acknowledgement of the positive dimensions of church-state relations. I conclude by applying the thesis to cases dealing with government aid to church-related schools and their students.


The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck Jan 1985

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck

Faculty Publications

A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.


Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck Jan 1985

Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck

Faculty Publications

Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …