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The Court has struck down numerous government-sponsored programs relating to religion and religious exercises without finding any actual coercion, and for almost 70 years has been on record rejecting the argument that coercion should be installed as the sin qua non of an Establishment Clause violation," states the AJC brief.
The proposition that coercion is a sufficient but not a necessary predicate for an Establishment Clause violation-that it represents the floor, not the ceiling, of the Establishment Clause's protective ambit-is deeply embedded in the Court's precedents," states the AJC brief.
distinct question of whether the Establishment Clause applies to foreign
constraints might be imposed by the Establishment Clause.
26) Because of the difference in doctrine, Free Exercise challenges may succeed where Establishment Clause challenges have failed.
In the mid-twentieth century, the Court identified two pillars of Establishment Clause jurisprudence: the neutrality principle and the coerciveness principle.
10) Based on this developing trend, two leading scholars of the Religion Clauses--in the most thorough examination of the implications of Hein since the decision was handed down--see the threat of Hein's narrowing of taxpayer standing bleeding into standing for Establishment Clause violations generally, a development that would undermine citizens' access to the courts to contest Establishment Clause violations at every level and branch of government.
The rest of the article proceeds as follows: Part II provides--for the first time--a taxonomy and systematic examination of judicial violations of the Establishment Clause, a little-analyzed area of Establishment Clause jurisprudence.
Without serious discussion, the Court simply asserted in Everson that the Establishment Clause applied to the states because the rest of the First Amendment so applied.
For the sake of administrability, courts would hold a government act that in fact comported with nonestablishment values to be a violation of the establishment clause.
7) With respect to the Establishment Clause, however, the Court has generally been unwilling to restrict the purposes so narrowly.
30) Religious speech by a military leader can thus violate the Establishment Clause when it reasonably appears that the leader, acting in an official capacity for the military, is promoting religion.
The law was challenged as a violation of the Establishment Clause by a group of Arizona taxpayers, but the Supreme Court ordered the case dismissed - irrespective of whether the clause has been violated.
Kathleen Winn and other Arizona taxpayers argue that because an overwhelming amount of money--more than 50 percent in 2009--is given to religious schools, the program doesn't provide parents with neutral school choice options and violates the Establishment Clause.