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?The Reasons Why Originalism Provides a Weak Foundation for Interpreting Constitutional Provisions Relating to Religion?

By Alliance Alert

The Reasons Why Originalism Provides a Weak Foundation for Interpreting Constitutional Provisions Relating to Religion Alan Brownstein, 2009 Cardozo L. Rev. de novo 196 "I suggest that whatever may be the justifications for, and utility of, employing originalism as a methodology for interpreting other constitutional provisions, it is a particularly poor approach to adopt for determining the meaning of the religion clauses of the First Amendment. I do not suggest that an historical analysis is irrelevant to understanding what the religion clauses mean. It certainly sets a foundation for further discussion. I argue simply that there are important reasons why originalism is particularly ill suited for resolving a great many constitutional disputes relating to church-state relationships in our society today."

Full post as published by Constitutionally Correct on December 04, 2009 (boomark / email).