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Articles 1 - 5 of 5
Full-Text Articles in Law
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Bruce Ledewitz
The crisis in Establishment Clause interpretation consists in the Supreme Court’s unwillingness to enforce the promise of government neutrality toward religion made in Everson in 1947 and its inability to offer an alternative interpretation that would gain majority support among the Justices and the American people. The crisis is symbolized by the Court’s reversal on standing grounds of the Ninth Circuit’s judgment that the words “under God” in the Pledge of Allegiance violate the Establishment Clause, thus “ducking” the case and the principle involved. The government speech doctrine would redeem Everson’s promise of neutrality without imposing a purely secular public …
Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh
Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh
Saint Louis University Public Law Review
No abstract provided.
Establishment And Exclusion: Why The Protection Of The First Amendment’S Establishment Clause Should Be Applied To Adults, Daren C. Rich
Establishment And Exclusion: Why The Protection Of The First Amendment’S Establishment Clause Should Be Applied To Adults, Daren C. Rich
Saint Louis University Public Law Review
No abstract provided.
Religious Establishment And Autonomy, Andrew Koppelman
Religious Establishment And Autonomy, Andrew Koppelman
Faculty Working Papers
Kent Greenawalt claims that one rationale for nonestablishment of religion is personal autonomy. If, however, the law is barred from manipulating people in religious directions (and thus violating their autonomy), while it remains free to manipulate them in nonreligious directions (and thus violate their autonomy in exactly the same way), autonomy as such is not what is being protected. The most promising alternative is to understand religion as a distinctive human good that is being protected from government interference.
Of Historiography And Constitutional Principle: Jefferson’S Letter To The Danbury Baptists, Ian C. Bartrum
Of Historiography And Constitutional Principle: Jefferson’S Letter To The Danbury Baptists, Ian C. Bartrum
Scholarly Works
This article examines the ways that the Supreme Court has used Thomas Jefferson's letter to the Danbury Baptists (a wall of separation between church and state) as a rhetorical symbol. It finds the letter at the heart of the Court's debate over competing theories of religious neutrality. The article then explores the treatment the letter has received in several leading academic histories, and concludes that professional historians have largely tailored their arguments to match the Supreme Court's ideological divide. The article concludes that, because the goals of historical argument and legal argument are fundamentally different, this incestuous kind of relationship …