Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-24T12:28:25.371Z Has data issue: false hasContentIssue false

13 - Which Original Meaning of the Establishment Clause Is the Right One?

from Part III - Law, Politics, and Economics

Published online by Cambridge University Press:  17 December 2019

Michael D. Breidenbach
Affiliation:
Ave Maria University, Florida
Owen Anderson
Affiliation:
Arizona State University
Get access

Summary

Debates over the original meaning of the establishment clause have usually revolved around the question of which broad church-state principle is represented by the clause. Strict separationists advocating a “wall of separation” highlight different historical evidence than do non-preferentialists who argue that the clause allows evenhanded government support for religion. A third group asserts that the clause was instead a federalism provision designed to reserve church-state decisions to the states. This chapter assesses these conflicting interpretations and concludes that the framers and the public understood the clause only as banning the establishment of a national church. That understanding did not necessarily represent an anti-establishment principle, however, and it assumed that church-state issues would continue to be resolved by the states. In light of the Supreme Court’s adoption of the incorporation doctrine, the combination of the federalism interpretation and the no-national-religion prohibition best encompasses the original constitutional decision.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×