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Full-Text Articles in Law
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
It is hard to foresee much happiness in the lot of those seeking the original meaning of the Religion Clauses. We may acknowledge the opacity of the historical record, the variety of viewpoints held by founders forgotten and non-forgotten, the humanness of the founders who did not always practice what they preached, even the basic indeterminancy of language; still, we are seduced by the siren song of interpretive certainty. But the search for greater clarity is not without its payoff. As the three books under review here illustrate, the more we look for answers in the historical record, the more …