Articles tagged as Church and State
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“A Common Call to Prayer” — Gunnar Gundersen
Continuing our symposium on school prayer, JWI Affiliated Scholar Gunnar Gundersen argues that the Establishment Clause gives federal judges no right to restrict religious activity in American public education. By forbidding school prayer, judges have encouraged a culture of relativism. Some excerpts: “Until recently, community prayer was not only non-controversial, but considered a necessary element […] -
“Corporations, Churches, Persons, and the Natural Law” — Robert Miller
Responding to Professor MacLeod, Robert Miller argues that the government should respect associations not because these associations themselves constitute “persons” with natural rights, but because the people involved have rights. Some excerpts: “Professor McLeod says that the question before us is ‘whether churches and other associations of people have an existence of their own, prior to their […] -
“Churches: An Existence of Their Own” — Adam Macleod
Prof. Adam MacLeod argues that churches, corporate entities, and trusts exist independently of government recognition or contract, deriving their existence from the fundamental right to associate and to form private property institutions around certain ends. Some excerpts: “The question is whether churches and other associations of people have an existence of their own, prior to […] -
Life After Lemon – Nick Reaves (’15) in Law & Liberty
JWI Fellowship alumnus and legal counsel at the Becket Fund for Religious Liberty Nick Reaves (’15) responded to JWI Scholar Francis Beckwith’s piece declaring Lemon to be dead with a roadmap for Establishment jurisprudence. Reaves begins by listing more criticisms of Lemon, including its unworkability for all the ways government can come into contact with religion, […] -
“Lemon v. Kurtzman at 50” – Francis Beckwith in Law and Liberty
In an article at Law and Liberty, JWI Scholar Francis Beckwith traces the history and eventual demise of the Lemon Test created by Chief Justice Burger in Lemon v. Kurtzman on its 50th anniversary. The Court has inconsistently applied the Lemon Test for years, amending or ignoring its different prongs as it wishes. Lacking any […]