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Justice Rutledge's Appendix

22 Pages Posted: 9 Sep 2010  

John T. Valauri

Northern Kentucky University - Salmon P. Chase College of Law

Date Written: September 7, 2010

Abstract

Much disagreement and dispute have occurred since the Supreme Court inaugurated the modern era of Establishment Clause doctrine in 1947 in Everson v. Board of Education. Yet rather than turn elsewhere, this article argues that the best path to clarification of this doctrine lies in a return to basics, a return to what that case put forward as the basis of the meaning of the Establishment Clause - Madison’s role in the religious liberty struggle in Virginia in the 1780’s and, above all, in his Memorial and Remonstrance. But this examination focuses on what the justices in Everson did not - the principle of equal religious liberty that underpins that document and Madison’s view of church/state relations generally.

Keywords: religion, constitutional law, establishment

JEL Classification: K10

Suggested Citation

Valauri, John T., Justice Rutledge's Appendix (September 7, 2010). Available at SSRN: https://ssrn.com/abstract=1673505 or http://dx.doi.org/10.2139/ssrn.1673505

John T. Valauri (Contact Author)

Northern Kentucky University - Salmon P. Chase College of Law ( email )

Nunn Hall
Highland Heights, KY 41099
United States
859-572-5387 (Phone)

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