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A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
University of Richmond Law Review
I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
Michigan Law Review
In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …