Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

Law Review: Selling the Government Property Beneath a Religious Monument That Violates the Establishment Clause

By Alliance Alert

Selling the Government Property Beneath a Religious Monument That Violates the Establishment Clause: A Constitutional Remedy or Infringement? Jonathan R. Slabaugh, 29 St. Louis U. Pub. L. Rev. 301 (2009) "This note will analyze whether the sale of a constitutionally infringing monument and the government property beneath it is sufficient to cure the Establishment Clause violation and whether it is permissible under the Constitution. Section II briefly surveys the Supreme Court's turbulent Establishment Clause jurisprudence pertaining to religious monuments in public parks. Section III analyzes possible remedial options for curing an unconstitutional display of a religious monument in a public park. Section IV provides this author's analysis of whether the overwhelming presumption that a sale of government property beneath an unconstitutional monument is sufficient to protect religious equality and whether the presumption, as applied, conforms to the principles of the Constitution. Section V concludes with this author's proposal for a standard that is not prone to manipulation and that would provide more protection for the sacred right of religious equality."

Full post as published by Constitutionally Correct on May 26, 2010 (boomark / email).