TITLE

PHONY ORIGINALISM AND THE ESTABLISHMENT CLAUSE

AUTHOR(S)
Koppelman, Andrew
PUB. DATE
April 2009
SOURCE
Northwestern University Law Review;2009 Special Issue, Vol. 103 Issue 2, p727
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses the originalist interpretations of the Establishment Clause by U.S. Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas. It shows the indifference between their originalist interpretations of the clause and the original purposes of that clause. It references opinions of the judges on some cases that apply the clause, including Edwards v. Aguillard which involves the teaching of creation science in public schools. In addition, the article examines the move of Thomas to insist on originalism as a formula for constraining judicial discretion.
ACCESSION #
42745016

 

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