Religion in the New Republic

54 Pages Posted: 29 Jun 2009 Last revised: 15 Sep 2017

See all articles by Richard Albert

Richard Albert

University of Texas at Austin - School of Law; Yale University - Law School; University of Toronto - Faculty of Law; Universidad Externado de Colombia - Facultad de Derecho; Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law

Date Written: 2006

Abstract

Establishment Clause case law is incoherent in many consequential ways. Many point directly to the Supreme Court of the United States for this lamentable state of affairs. I disagree with this diagnosis. It is an inaccurate and incomplete criticism to blame the Supreme Court for the current landscape of establishment jurisprudence. Modern establishment doctrine - incoherent though it may be - is more properly viewed as an evolving product of the continuing public constitutional discourse among Americans and between public and private forces about the proper role of religion in the American polity. Just as early Americans debated among themselves, armed with their differing hopes and visions about how to mediate the intersection of religion and the state, so too Supreme Court decisions have, on a parallel track, reflected the changing contours of this important debate - a conversation that has yet to cede center stage in the American public square.

Keywords: Establishment Clause, Religion, Freedom of Religion, Established Church, Supreme Court, Disestablishment, Colonial History, Bill of Rights, American History

Suggested Citation

Albert, Richard, Religion in the New Republic (2006). 67 Louisiana Law Review 1 (2006), Available at SSRN: https://ssrn.com/abstract=1424048

Richard Albert (Contact Author)

University of Texas at Austin - School of Law ( email )

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HOME PAGE: http://law.utexas.edu/faculty/richard-albert

Yale University - Law School

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University of Toronto - Faculty of Law ( email )

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Universidad Externado de Colombia - Facultad de Derecho

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Colombia

HOME PAGE: http://https://www.uexternado.edu.co/derecho/

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

HOME PAGE: http://https://www.idc.ac.il/en/schools/law/pages/home.aspx

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