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Trends in the Supreme Court: Mr. Jefferson’s Crumbling Wall – A Comment on Lynch v. Donnelly

19 Pages Posted: 21 Sep 2011 Last revised: 30 Dec 2014

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1984

Abstract

This critique strives to makes sense of the Court’s decision in Lynch v. Donnelly within the context of the First Amendment’s separation of church and state and the traditional wall that was characterized to distinguish such a separation during this U.S.’s founding years. This paper asserts that instead of a wall, the separation may best be characterized as a bridge allowing government to favor one religion only when the religion produces a symbiotic effect beneficial to the government.

Keywords: First Amendment, Church State Separation

Suggested Citation

Van Alstyne, William W., Trends in the Supreme Court: Mr. Jefferson’s Crumbling Wall – A Comment on Lynch v. Donnelly (1984). Duke Law Journal, Vol. 1984, p. 770, 1984; William & Mary Law School Research Paper No. 09-152. Available at SSRN: https://ssrn.com/abstract=1931821

William Van Alstyne (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

William & Mary Law School ( email )

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P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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