Popular Will and the Establishment Clause

Abstract:     
The United States should define religious neutrality - whether strict or benevolent - in the realm of politics, not in courts of law. It remains possible to remove the definition of neutrality from the command of the judiciary while nonetheless reserving a critical role for the judiciary. Focusing upon religious schools as a launching pad, this article reframes the enduring debate on neutrality, not by arguing for either strict or benevolent neutrality, but by redirecting the decisional responsibility from the judiciary to the people.

Number of Pages in PDF File: 56

Keywords: Establishment Clause, Religion, Neutrality, Lemon, Everson, Religious Schools, Denominational Schools, Alexander Bickel, Cass Sunstein

Accepted Paper Series