Federalism and the Establishment Clause: A Reassessment
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Authors
Green, Steven K.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The separationist approach to Establishment Clause adjudication has been under attack ever since it was first announced in 1947. Over the last twenty years, however, separationism has faced an onslaught of competing theories, such as accommodationism, nonprefrentialism and a coercion standard. The latest challenger to separationism is the neutrality theory of evenhanded treatment of religious and nonreligious entities. As described by the Supreme Court, "programs that neutrally provide benefits to a broad class of citizens defined without reference to religion are not subject to an Establishment Clause challenge." Most criticism of the Court's neutrality approach has centered on its application in free exercise cases, with scholars on both the right and left condemning the abandonment of strict scrutiny review of government burdens on religious practice. The application of neutrality principles in the Establishment Clause...
Description
Citation
38 Creighton L. Rev. 761 (2004-2005)
Publisher
Creighton University School of Law