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Judicial Enforcement of the Establishment Clause

Constitutional Commentary, Forthcoming

Notre Dame Legal Studies Paper No. 09-24

6 Pages Posted: 7 May 2009  

Richard W. Garnett

Notre Dame Law School

Date Written: 2009

Abstract

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.

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

JEL Classification: K19

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

Richard W. Garnett (Contact Author)

Notre Dame Law School ( email )

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P.O. Box 780
Notre Dame, IN 46556-0780
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