Trends in the Supreme Court: Mr. Jefferson’s Crumbling Wall – A Comment on Lynch v. Donnelly
William W. Van Alstyne
Duke University School of Law; William & Mary Law School
Duke Law Journal, Vol. 1984, p. 770, 1984
William & Mary Law School Research Paper No. 09-152
This critique strives to makes sense of the Court’s decision in Lynch v. Donnelly within the context of the First Amendment’s separation of church and state and the traditional wall that was characterized to distinguish such a separation during this U.S.’s founding years. This paper asserts that instead of a wall, the separation may best be characterized as a bridge allowing government to favor one religion only when the religion produces a symbiotic effect beneficial to the government.
Number of Pages in PDF File: 19
Keywords: First Amendment, Church State SeparationAccepted Paper Series
Date posted: September 21, 2011 ; Last revised: October 6, 2011
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