The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the role of the Free Exercise Clause, indeed its singular role. The purpose of the Establishment Clause, rather, is as a structural restraint on governmental power. Because of its structural character, the task of the Establishment Clause is to limit government from legislating or otherwise acting on any matter respecting an establishment of religion. The powers that fall within the scope of the foregoing clause (denied to government, hence within the sole province of religion) and the powers outside this clause (hence, authority vested in civil government) await elaboration below
Religious liberty is a favored value under the United States Constitution. The Constitution provides...
This article responds to Professor Mark Tushnet\u27s article, The Redundant Free Exercise Clause? ...
The Establishment Clause has long been thought to protect two mutually antagonistic values, the sepa...
The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the...
The opening phrase of the First Amendment to the U.S. Constitution provides, Congress shall make no...
The First Amendment of the U.S. Constitution begins as follows: Congress shall make no law respecti...
This Article inquires into whether the singular purpose of the Establishment Clause is to secure ind...
A survey of Establishment Clause doctrines and commentary reveals that the Clause is often interpret...
Among the most vexing questions in the law of the religion clauses is when a legal measure that migh...
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting...
Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking th...
This Essay is mainly about the Establishment Clause, but it covers analogous questions about free ex...
The First Amendment begins with two references to the relationship between government and religion. ...
The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress m...
In this article it will be argued that the establishment clause, properly viewed, functions as a str...
Religious liberty is a favored value under the United States Constitution. The Constitution provides...
This article responds to Professor Mark Tushnet\u27s article, The Redundant Free Exercise Clause? ...
The Establishment Clause has long been thought to protect two mutually antagonistic values, the sepa...
The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the...
The opening phrase of the First Amendment to the U.S. Constitution provides, Congress shall make no...
The First Amendment of the U.S. Constitution begins as follows: Congress shall make no law respecti...
This Article inquires into whether the singular purpose of the Establishment Clause is to secure ind...
A survey of Establishment Clause doctrines and commentary reveals that the Clause is often interpret...
Among the most vexing questions in the law of the religion clauses is when a legal measure that migh...
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting...
Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking th...
This Essay is mainly about the Establishment Clause, but it covers analogous questions about free ex...
The First Amendment begins with two references to the relationship between government and religion. ...
The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress m...
In this article it will be argued that the establishment clause, properly viewed, functions as a str...
Religious liberty is a favored value under the United States Constitution. The Constitution provides...
This article responds to Professor Mark Tushnet\u27s article, The Redundant Free Exercise Clause? ...
The Establishment Clause has long been thought to protect two mutually antagonistic values, the sepa...