The U.S. Supreme Court and Non-First Amendment Religion Cases

Ronald B. Flowers

in The Oxford Handbook of Church and State in the United States

Published in print November 2010 | ISBN: 9780195326246
Published online January 2011 | | DOI:

Series: Oxford Handbooks

The U.S. Supreme Court and Non-First Amendment Religion Cases

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The United States Supreme Court decides most church–state cases on the basis of the Establishment Clause or the Free Exercise Clause. However, as these religion clauses were not included in the Due Process Clause of the Fourteenth Amendment and applied to the states until the 1940s, the Court was hence required to decide earlier religion cases through other means. Some were decided on the language of the Fourteenth Amendment itself, while many others were decided on other nonconstitutional grounds. This article examines some samples of church”.state cases that were decided on grounds other than Religion Clauses.

Keywords: Supreme Court; church–state cases; Establishment Clause; Free Exercise Clause; Fourteenth Amendment; states; religion cases; nonconstitutional grounds; Religion Clauses

Article.  10072 words. 

Subjects: Politics ; UK Politics ; US Politics

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