Document Type

Working Paper

Publication Date

11-10-2012

SSRN Discipline

Legal Scholarship Network; PRN Subject Matter eJournals; Philosophy Research Network; Social Insurance Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Humanities Network; Political Science Network; Anthropology & Archaeology Research Network

Abstract

This short paper is a response to Steven Smith's argument for an institutional understanding of the Establishment Clause It challenges Smith's dismissive posture toward the classical understanding of the "secular" The classical understanding takes secular to refer "to this time and this world as opposed to some other time or world such as "˜eternity' or the hereafter" rather than simply denoting a "nonreligious" viewpoint By focusing on three presuppositions underlying the classical account "” 1 the kingship of God 2 the presence of the church and 3 the expectation of a worldtocome "” the paper argues that the classical account provides a more robust limitation on government than is commonly assumed

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