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Showing 1 to 12 of 12 for “"Establishment Clause"”.
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Analysis of school board policies relating to the Establishment Clause
… federal judicial system's interpretation of the Establishment Clause. Twenty-four federal district, circuit and Supreme Court cases were analyzed to determine the court's interpretation of the Establishment Clause as it relates to the public schools. Twenty-one criteria were developed from this …
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MOVING TOWARD NEUTRALITY: THE ESTABLISHMENT CLAUSE AND AMERICA’S HISTORIC RELIGIOUS PLACES
The Establishment Clause of the First Amendment prevents the government from establishing or directly aiding religion. Over the past thirty years, the opinion of the Supreme Court has shifted from a policy of strict separation between church and state to a position of neutrality. Under this policy, …
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A History of Establishment Clause Jurisprudence With Respect to Parochial School Funding
Since the drafting of the Establishment Clause, a pronouncement contained within the First Amendment of the United States Constitution. The United States Supreme Court has debated how to interpret the meaning of, "Congress shall make no law respecting an establishment of religion." In Everson v. …
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Rethinking Edwards v. Aguillard?: The Establishment Clause of the First Amendment and the Challenge of Intelligent Design
… The Court ruled that the statute violated the Establishment Clause of the First Amendment of the Constitution. That decision was the culmination of a series of court battles and cultural conflicts that can be traced back to the famous Scopes Trial. Although many thought, and continue to think, …
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An Analysis of the Supreme Court's Holdings in Establishment Clause Cases: Comparing Holdings to Measure Consistency Across Variables
… regarding the Supreme Court's holdings in Establishment Clause cases suggests the Court's jurisprudence has been inconsistent. Because the Court had both upheld and invalidated challenged governmental actions that relate to religious practices or institutions, a broad overview of the …
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The Supreme Court, religion, and the intent of the Framers: an analysis of the sitting Justices' Establishment Clause philosophies
… sitting Justice on matters pertaining to the Establishment Clause of the First Amendment to the United States Constitution. A second purpose is to determine whether their philosophies change based on the issues involved. The research questions that drove this analysis are: 1) What theories of …
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Religious liberty through the lens of textualism and a Living Constitution : the First Amendment Establishment Clause interpretations of Justices William Brennan, Jr. and Antonin Scalia.
… their interpretations of the First Amendment Establishment Clause. The paper begins by examining Establishment Clause basics, the United States legal system and judicial philosophies, and Establishment Clause jurisprudential history. The elusive search for a standard Establishment Clause …
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Prayer in the public schools : the impact of Engel v. Vitale.
… State Board of Regents was in conflict with the establishment clause of the First Amendment. Dissenting from Justice Black's majority opinion, Justice Stewart emphasized that the Supreme Court had erred in denying the free exercise of religion to students desiring to participate in prayer …
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Competing schemas within the American liberal democracy : an interdisciplinary analysis of differing perceptions of church and state.
… connected to religion as a violation of the Establishment Clause. This dissertation argues that this perception of religion is incomplete. Those who perceive religion as irrational, dangerous, and divisive somehow do not recognize its reasonable, peaceful, and unifying aspects. Furthermore, …
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No Common Ground: Competing Worldviews at Mato Tipila
… centered on whether the government violated the Establishment Clause of the First Amendment by instituting a climbing ban during the month of June to accommodate Lakota ceremonial obligations. In recent historical developments, the conflict has been exclusively, and thus ineffectively, …
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State aid to private higher education in North Carolina: a historical description
… of aid were held to be constitutional under the Establishment Clause of the First Amendment to the United States Constitution in Smith v. Board of Governors of the University of North Carolina (1977). Those actors responsible for the legislation authorizing the programs of aid include former …
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Coalition Networks and Policy Learning: Interest Groups on the Losing Side of Legal Change
Network, organizational, and policy learning literatures indicate that when interest groups face failure they will seek out alternative ideas and strategies that will enhance their potential for future success. Research with regard to interest groups and legal change has found that interest groups, …