Constitutional Commentary, Vol. 25, pp. 309-316, 2009
9 Pages Posted: 26 Aug 2009
Date Written: August 26, 2009
This article argues that the free church model celebrated in Professor Greenawalt’s new volume on the establishment clause is losing ground as a basis for constitutional management of religious life in the U.S., giving way to a new form of establishment based in a religious universalism that supports governmental endorsement of religious understandings of human persons. Separation of church and state is no longer workable now because of an increase in religious diversity, the expansion of government, and a shift in religious authority from the institution to the individual.
Keywords: religion, establishment, separation, First Amendment
Suggested Citation: Suggested Citation
Sullivan, Winnifred Fallers, Requiem for the Establishment Clause (August 26, 2009). Constitutional Commentary, Vol. 25, pp. 309-316, 2009; Buffalo Legal Studies Research Paper No. 2009-18. Available at SSRN: https://ssrn.com/abstract=1462247