Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

Bruce Ledewitz

Selected Works

Establishment Clause

Articles 1 - 2 of 2

Full-Text Articles in Law

Experimenting With Religious Liberty The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz Dec 2013

Experimenting With Religious Liberty The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Bruce Ledewitz

This article deals with an episode of constitutional development in which the voice of the people, rather than that of the Supreme Court, has been dominant. The constitutional value at issue is religion - its free exercise and its establishment. The Court has taken a step back in developing this constitutional value. Under Establishment Clause jurisprudence, despite fairly extensive doctrinal development, the Supreme Court has recently refrained from hearing some cases that it might have heard in the past, under the rubric of nonjusticiability. Much more dramatically, the Court limited the substantive reach of the Free Exercise Clause in 1990, …

Go to article

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz Dec 2011

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 …

Go to article