EC & Compelling Interest

Rick Duncan nebraskalawprof at
Sun Jul 22 12:06:41 PDT 2007

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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