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Article: Indeterminacy and the establishment clause. (Symposium: Establishment and Fairness)
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Since Professor Greenawalt criticizes my own approach to the religion clauses (pp. 434-39), (1) I will focus my comments there. Professor Greenawalt fairly summarizes my position as follows:
Professor Gedicks's main thesis is that the Supreme Court's
dominant "discourse" has been "secular" and "individualist," but
that many of its decisions can be adequately explained only by an
older "religious communitarian" discourse that allows governments
to exercise their power to encourage people to accept the
foundational morality of conservative religion. Gedicks concludes
that were the Supreme Court to make the doctrinal changes that
would render ...