Popular Will and the Establishment Clause

Richard Albert

Boston College - Law School; Yale University - Law School


University of Memphis Law Review, Vol. 35, No. 1, 2005

The United States should define religious neutrality - whether strict or benevolent - in the realm of politics, not in courts of law. It remains possible to remove the definition of neutrality from the command of the judiciary while nonetheless reserving a critical role for the judiciary. Focusing upon religious schools as a launching pad, this article reframes the enduring debate on neutrality, not by arguing for either strict or benevolent neutrality, but by redirecting the decisional responsibility from the judiciary to the people.

Number of Pages in PDF File: 56

Keywords: Establishment Clause, Religion, Neutrality, Lemon, Everson, Religious Schools, Denominational Schools, Alexander Bickel, Cass Sunstein

Open PDF in Browser Download This Paper

Date posted: June 29, 2009 ; Last revised: September 2, 2015

Suggested Citation

Albert, Richard, Popular Will and the Establishment Clause (2005). University of Memphis Law Review, Vol. 35, No. 1, 2005. Available at SSRN: https://ssrn.com/abstract=1424026

Contact Information

Richard Albert (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Boston, MA 02459-1163
United States
617.552.3930 (Phone)
HOME PAGE: http://www.richardalbert.com

Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
HOME PAGE: http://www.richardalbert.com

Feedback to SSRN

Paper statistics
Abstract Views: 839
Downloads: 143
Download Rank: 155,172