Frederick Mark Gedicks, 𝘐𝘯𝘥𝘦𝘵𝘦𝘳𝘮𝘪𝘯𝘢𝘤𝘺 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘌𝘴𝘵𝘢𝘣𝘭𝘪𝘴𝘩𝘮𝘦𝘯𝘵 𝘊𝘭𝘢𝘶𝘴𝘦, 25 Cᴏɴsᴛ. Cᴏᴍᴍᴇɴᴛ. 279 (2008).
discourse, establishment clause, financial aid, indeterminacy, neutrality, religious communitarianism, religious symbols, rhetoric, secular individualism
Prepared for a symposium on Kent Greenawalt, 2 Religion and the Constitution: Establishment and Fairness (Princeton, 2008), this essay responds to Professor Greenawalt's criticism of my argument in The Rhetoric of Church and State (Duke, 1995), that Establishment Clause doctrine is the incoherent residue of conflicting rhetorical discourses of religious communitarianism and secular individualism. Not only are the Supreme Court's Establishment Clause decisions inconsistent at the margins, but there is no identifiable core meaning that can account for these decisions. The essay concludes that, contra Greenawalt, the thesis of conflicting rhetorical discourses remains the most powerful explanation of the Court's doctrine in this area.
25 Const. Comment. 279