Constitutional Commentary, Forthcoming
6 Pages Posted: 7 May 2009
Date Written: 2009
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: 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