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Full-Text Articles in Law
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Journal Articles
No abstract provided.
Redefining The Modern Constraints Of The Establishment Clause: Separable Principles Of Equality, Subsidy, Endorsement, And Church Autonomy, Matthew Steffey
Redefining The Modern Constraints Of The Establishment Clause: Separable Principles Of Equality, Subsidy, Endorsement, And Church Autonomy, Matthew Steffey
Journal Articles
Since 1947 the Establishment Clause' has been a substantive check on governmental activity at all levels. More than four decades later, the content of that check remains unsettled. The United States Supreme Court gave the Establishment Clause its predominant modem voice in 1971 in Lemon v. Kurtzman. Under the Lemon approach, all government practices are measured by the same standard. To survive constitutional attack, a practice "must have a secular purpose; it must neither advance nor inhibit religion in its principal or primary effect; and it must not foster an excessive entanglement with religion." In nearly all cases decided since, …
The Bill Of Rights And Originalism, Gerard V. Bradley
The Bill Of Rights And Originalism, Gerard V. Bradley
Journal Articles
Professor Bradley begins the final installment of the University of Illinois Law Review's year-long tribute to the Bill of Rights by proposing that the first ten Amendments, like the Constitution itself, be interpreted according to the original understanding of their ratifiers. Professor Bradley, though, narrows the scope of the exegetical inquiry to what he proposes is the only sound originalism - plain meaning, historically recovered. Professor Bradley argues that interpreting the Bill of Rights according to the text's plain meaning among persons politically active at the time of drafting avoids both the inflexibility and philosophical deficiencies of "snapshot" conservative originalism …