Download this Paper Open PDF in Browser

Requiem for the Establishment Clause

Constitutional Commentary, Vol. 25, pp. 309-316, 2009

Buffalo Legal Studies Research Paper No. 2009-18

9 Pages Posted: 26 Aug 2009  

Winnifred Fallers Sullivan

Indiana University Bloomington

Date Written: August 26, 2009

Abstract

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

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

Winnifred Fallers Sullivan (Contact Author)

Indiana University Bloomington ( email )

Bloomington, IN
United States

Paper statistics

Downloads
73
Rank
275,386
Abstract Views
378