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Judicial Enforcement of the Establishment Clause

Richard W. Garnett

Notre Dame Law School


Constitutional Commentary, Forthcoming
Notre Dame Legal Studies Paper No. 09-24

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.

Number of Pages in PDF File: 6

Keywords: Greenawalt, religious liberty, religious freedom, Establishment Clause, judicial review

JEL Classification: K19

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Date posted: May 7, 2009  

Suggested Citation

Garnett, Richard W., Judicial Enforcement of the Establishment Clause (2009). Constitutional Commentary, Forthcoming; Notre Dame Legal Studies Paper No. 09-24. Available at SSRN: https://ssrn.com/abstract=1400202

Contact Information

Richard W. Garnett (Contact Author)
Notre Dame Law School ( email )
Room 327
P.O. Box 780
Notre Dame, IN 46556-0780
United States
574-631-6981 (Phone)
574-631-4197 (Fax)

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