Understanding original intent and stare decisis: Two methods of interpreting the establishment claus

2025-02-06 Classification：Religion Click()
Author：Seigler, TJ

Article Title：Understanding original intent and stare decisis: Two methods of interpreting the establishment clause

Abstract：
Religion in U.S. public venues has been strategically constrained by the First Amendment of the Constitution. Specifically, the Establishment Clause bedevils school leaders in negotiating the boundaries of government and religion as operated in or around schools. To traverse the blurry lines between church and state, school leaders may find help in two major interpretive methods, namely original intent and stare decisis. Understanding the elements that give these methods their character (aid the methodologies that make them operative in resolving legal disputes could serve as a navigational tool for school leaders.

Keywords: religion in public schools; original intent; stare decisis; legal methods

DOI: 10.1177/0013161X03251153

Source：EDUCATIONAL ADMINISTRATION QUARTERLY

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