The Un-Established Establishment Clause: A Circumstantial Approach To Establishment Clause Jurisprudence

The purpose of this Comment is not to suggest a new test for Establishment Clause jurisprudence-there are plenty of well-known scholars who have been engaged in such a task, some for over thirty years. Instead, this Comment will draw an analogy between the Court\u27s Establishment Clause jurisprudence and other regions of the Court\u27s jurisprudence, and recommend a similar approach be taken by the Court in this area in a manner that would bring order to chaos, yet maintain the flexibility the Court desires. Part II discusses the modern approach to issues arising under the Establishment Clause, which includes the modern tests and their origin. Part III explores the problems these multiple approaches have created. Part IV addresses the need for consistency. The circumstantial approach is introduced and discussed in Part V, which is followed by the conclusion in Part VI