Establishment Clause

A new Supreme Court case on establishment of religion 0
- August 8, 2019
By the time ratification was complete, the Constitution’s implications for religion were understood: Religious faith was valuable for good government. But government was to treat individual religions equally, as long as they conducted themselves in an orderly manner.
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Two liberal Supreme Court justices slap down the Left’s historical desecration 0
- July 8, 2019
Two of the Supreme Court’s most liberal members effectively told us they want no part of this campaign of historical destruction.
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New Research Finds Most State Constitutional “Blaine Amendments” Facially Unconstitutional 0
- January 24, 2018
Rob’s new research demonstrates that bans on “sectarian” aid were . . . designed to require state officials to discriminate in favor of mainstream Protestantism and against any faiths they deemed “bigoted” or “extreme.”
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Antonin Scalia, RIP 0
- February 13, 2016
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever written. Justice Scalia was more than an outstanding lawyer: He was an perceptive social commentator. In tribute, I reproduce below his
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Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case 0
- October 22, 2015
As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was
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Town of Greece Case Returns the Establishment Clause To Its Original Meaning 0
- May 15, 2014
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v. Galloway, a widely-discussed decision on the Establishment Clause of the First Amendment. This week, I’ll put the decision in context. The meaning of the Establishment Clause (“Congress shall make no law respecting an establishment of
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