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Unconstitutional Mixing of Religion and the Judiciary: An Analysis of the Fugitive Safe Surrender Program Under Establishment Clause Jurisprudence

By Alliance Alert

This Comment argues that Fugitive Safe Surrender violates the Establishment Clause under current jurisprudence and that the program should be offered in a non-sectarian environment so that its tremendous benefits may be obtained through constitutional means. Part II discusses the creation and funding of the program, its implementation in two different cities, and President Bush's faith-based initiative, which demonstrates his desire to allow programs of this nature. Part III discusses the three main tests under Establishment Clause jurisprudence and analyzes Fugitive Safe Surrender according to those tests. Additionally, Part III discusses how those tests have evolved and the role of public policy in Establishment Clause decisions. Finally, Part IV proposes reform for the program with an eye toward maintaining separation of church and state.

Full post as published by Constitutionally Correct on January 22, 2009 (boomark / email).