Originalism v. Originalism: How James Madison\u27s Understanding of the Establishment Clause Can Help Combat Christian Nationalism

Abstract

This Note will focus on what can be done to prevent Christian Nationalism from ending the Establishment Clause. Part I will focus on the cases that defined former Establishment Clause doctrine and how recent cases have done away with the parameters laid out in those earlier cases. Part II will focus on the understanding that James Madison had about the Establishment Clause. Part III will argue that Madison’s understanding of complete separation can and should be codified either under Congress’ enforcement power under the Fourteenth Amendment or the Spending Power of Article I. Part IV will consider how a statute could affect future Establishment Clause cases. Part V will discuss the feasibility of a federal statute being passed and the alternative option of secular activists passing similar statutes at the state level. This abstract has been taken from the author\u27s introduction