The Shifting Walls of Separation between Church and State in the United States

Percorsi costituzionali (Costituzione e Religione) 2/3 (2013): 133-148

Emory Legal Studies Research Paper No. 14-312

22 Pages Posted: 2 Nov 2014

Date Written: 2013

Abstract

This article analyses five distinct understandings of separation of church and state in the American founding era of 1776-1812 and the continued influence and manifestations of each of these five understandings in current American constitutional law. The last section argues that separation of church and state is a valuable constitutional ideal, so long as it is used prudentially not categorically, and so long as it remains balanced with other founding principles of religious freedom.

Keywords: First Amendment; religious freedom; separation of church and state; American constitutional law

Suggested Citation

Witte, John, The Shifting Walls of Separation between Church and State in the United States (2013). Percorsi costituzionali (Costituzione e Religione) 2/3 (2013): 133-148, Emory Legal Studies Research Paper No. 14-312, Available at SSRN: https://ssrn.com/abstract=2517758

John Witte (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-727-6980 (Phone)
404-712-8605 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
156
Abstract Views
1,400
Rank
349,703
PlumX Metrics