ABSTRACT

The Establishment Clause of the First Amendment to the US Constitution states: ‘Congress shall make no law respecting an establishment of religion.’ Since Everson v. Board of Education in 1947, the Supreme Court has been committed to defining the meaning of the terms ‘respecting’ and ‘establishment’ as they apply to the modern United States. While most commentators agree that the Clause was intended to regulate the relationship between the institutions of the state and those of the nation’s churches, beyond this agreement is difficult to find. Exactly where the line should be drawn between church and state is unclear and controversial, based on different interpretations of the nation’s history, the views and intentions of the Founding Fathers, the significance of the Founders’ views in judging modern issues, and the ‘proper’ method for approaching constitutional interpretation. 1