A Judicial Postscript to the Church-State Debates of 1989: How Porous the Wall, How Civil the State?

9 Pages Posted: 24 Sep 2011 Last revised: 29 Dec 2014

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1990

Abstract

This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.

Keywords: Establishment Clause, religion, First Amendment

Suggested Citation

Van Alstyne, William W., A Judicial Postscript to the Church-State Debates of 1989: How Porous the Wall, How Civil the State? (1990). Notre Dame Journal of Law, Ethics and Public Policy, Vol. 4, p. 559, 1990; William & Mary Law School Research Paper No. 09-161. Available at SSRN: https://ssrn.com/abstract=1932742

William W. 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 )

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

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