Abstract

http://ssrn.com/abstract=963447
 
 

Citations (1)



 
 

Footnotes (270)



 


 



The Original Meaning of the Establishment Clause and the Impossibility of its Incorporation


Vincent Phillip Munoz


Dept. of Political Science - University of Notre Dame


University of Pennsylvania Journal of Constitutional Law, Vol. 8, 2006

Abstract:     
Through an investigation of the historical and political context that led to the drafting of the Establishment Clause, this article attempts to demonstrate that the original meaning of the Establishment Clause pertains to federalism.

Part I reviews the leading originalist interpretations that have been set forth by members of the Supreme Court. Part II begins my attempt to recover the original meaning of the Establishment Clause through an investigation of the historical and political context in which the Establishment Clause emerged. Part III offers a detailed analysis of the drafting of the clause in light of the historical and political contexts described in Part II. I conclude that Justice Thomas's federalism interpretation most accurately captures the Establishment Clause's original meaning. In his Newdow opinion, however, Justice Thomas failed to consider the implications of his federalism construction, which is the subject of Part IV of this article. Recovering the Founders' original concern with federalism necessarily means that the original intention that animated the adoption of the Establishment Clause cannot be applied to modern day incorporated no-establishment jurisprudence.

Number of Pages in PDF File: 56

Keywords: Establishment Clause, Freedom of Religion, Separation of Church and State, Constitutional Law, Jurisdiction, First Amendment, Originalism, religious liberty, religious freedom, church and state, first amendment, American founding

Accepted Paper Series





Download This Paper

Date posted: February 20, 2007  

Suggested Citation

Munoz, Vincent Phillip, The Original Meaning of the Establishment Clause and the Impossibility of its Incorporation. University of Pennsylvania Journal of Constitutional Law, Vol. 8, 2006. Available at SSRN: http://ssrn.com/abstract=963447

Contact Information

Vincent Phillip Munoz (Contact Author)
Dept. of Political Science - University of Notre Dame ( email )
217 O'Shaughnessy Hall
Notre Dame, IN 46556
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,469
Downloads: 219
Download Rank: 83,280
Citations:  1
Footnotes:  270

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds