Requiem for the Establishment Clause
Winnifred Fallers Sullivan
Indiana University Bloomington
August 26, 2009
Constitutional Commentary, Vol. 25, pp. 309-316, 2009
Buffalo Legal Studies Research Paper No. 2009-18
This article argues that the free church model celebrated in Professor Greenawalt’s new volume on the establishment clause is losing ground as a basis for constitutional management of religious life in the U.S., giving way to a new form of establishment based in a religious universalism that supports governmental endorsement of religious understandings of human persons. Separation of church and state is no longer workable now because of an increase in religious diversity, the expansion of government, and a shift in religious authority from the institution to the individual.
Number of Pages in PDF File: 9
Keywords: religion, establishment, separation, First Amendment
Date posted: August 26, 2009
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