9 Pages Posted: 24 Sep 2011 Last revised: 29 Dec 2014
Date Written: 1990
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: 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