Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation

Authors

Carl H. Esbeck, University of Missouri School of LawFollow

Document Type

Article

Publication Date

Fall 2011

Abstract

This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.

Recommended Citation

Carl H. Esbeck, Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation, 2011 Utah L. Rev. 489 (2011)