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Making Sense of the Establishment Clause

By Alliance Alert

SSRN: "While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as a substantive legal matter, it does make sense as a series of jurisprudential maneuvers by which the Court has sought to make more room for religion in civic life. In fact, there is a method to the ?massive jumble... of doctrines and rules? that forms the law of church-state relations. It is the method of a somewhat disorderly retreat from the Constitution?s foundational principle of disestablishment. The accommodations made by the Court to religious belief and conduct have allowed for discrimination against non-religion, edging the Court ever closer toward a non-preferentialist perspective."

Full post as published by Constitutionally Correct on August 13, 2009 (boomark / email).