Location of Repository

Religion in the New Republic

By Richard Albert

Abstract

Establishment Clause case law is incoherent in many consequential ways. Many point directly to the Supreme Court of the United States for this lamentable state of affairs. I disagree with this diagnosis. It is an inaccurate and incomplete criticism to blame the Supreme Court for the current landscape of establishment jurisprudence. Modern establishment doctrine--incoherent though it may be--is more properly viewed as an evolving product of the continuing public constitutional discourse among Americans and between public and private forces about the proper role of religion in the American polity. Just as early Americans debated among themselves, armed with their differing hopes and visions about how to mediate the intersection of religion and the state, so too Supreme Court decisions have, on a parallel track, reflected the changing contours of this important debate--a conversation that has yet to cede center stage in the American public square

Topics: Constitutional Law, Law
Publisher: Digital Commons @ Boston College Law School
Year: 2006
OAI identifier: oai:lawdigitalcommons.bc.edu:lsfp-1512
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://ssrn.com/abstract=14240... (external link)
  • http://lawdigitalcommons.bc.ed... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.