A question for this august body of learned friends:
When a state violates the EC, is this absolutely unconstitutional or may the
state attempt to show a compelling interest to justify an establishment? Does
any SCt case clearly focus on this issue? Are there good law review articles
addrsssing it?
Does it matter what kind of EC violation the state has committed?
Cheers, Rick Duncan
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"It's a funny thing about us human beings: not many of us doubt God's existence
and then start sinning. Most of us sin and then start doubting His existence."
--J. Budziszewski (The Revenge of Conscience)
"Once again the ancient maxim is vindicated, that the perversion of the best
is the worst." -- Id.
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