Articles tagged as Establishment Clause

  • “Originalism Is Not Enough” — Hadley Arkes in Claremont Review of Books

    by James Wilson Institute on February 17, 2022
    In a review of Drakeman’s The Hollow Core of Constitutional Theory: Why We Need the Framers, Prof. Hadley Arkes contends that, when debating moral issues such as abortion and freedom of religion, judges should look beyond the text of the Constitution to the principles underpinning it. The Framers themselves disagreed on constitutional interpretation, and it’s […]
  • “When ‘Matter’ Really Matters” — Jesse Merriam

    by James Wilson Institute on January 17, 2022
    Jesse Merriam argues that Engel and Schempp are here to stay because the “matter” of modern-day society has corrupted the “form” of American jurisprudence. Rather than attempting to overturn these cases, conservative legal scholars and judges should learn how to make Founding ideas work in the twenty-first century. Some excerpts: “Incorporation of the Establishment Clause…means […]
  • “And All the Students Said, ‘Amen’” — Keisha Russell

    by James Wilson Institute on December 17, 2021
    Keisha Toni Russell, Counsel at First Liberty Institute, argues that young Americans learn to respect religious liberty–and individual rights more generally–when religion flourishes in public. Some excerpts: “In the early 1960s, the Supreme Court reviewed two cases involving voluntary school prayer and Bible reading. The cases, Engel v. Vitale (1962) and Abington Township School District v. Schempp (1963), contained […]
  • “A Common Call to Prayer” — Gunnar Gundersen

    by James Wilson Institute on December 6, 2021
    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 […]
  • “Is it Time to Rethink the School Prayer Cases?” — Francis Beckwith

    by James Wilson Institute on November 12, 2021
    Prof. Francis Beckwith argues that the Supreme Court should overturn Engel and Schempp, which put religious people at a decided disadvantage, rather than establishing religious equality. Returning to the original understanding of the First Amendment would enable local governments to seek the common good.  Some excerpts: “There was a time, not too long ago, when […]
  • Life After Lemon – Nick Reaves (’15) in Law & Liberty

    by James Wilson Institute on June 25, 2021
    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

    by James Wilson Institute on June 1, 2021
    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 […]
  • “How Old Does a Monument Need to Be?” — Prof. Mark David Hall in Law & Liberty

    by James Wilson Institute on November 19, 2019
    In a recent piece for Law & Liberty, JWI Affiliated Scholar Mark David Hall of George Fox University critiques using the age of religious memorials on public property as the determining factor for their constitutionality. The primary problem with this argument, he writes, is the lack of an agreed-upon age at which monuments become recognized […]