Establishment, Incorporation, and Endorsement: Everson's Muddled Legacy of Incorporation and Legislating Out of the Passive Display Quandary

Abstract

This article examines the Establishment Clause and the Supreme Court's development of the Endorsement test. The article argues that the Endorsement Test takes a far too expansive view of the Establishment Clause. Specifically, the article argues that the Endorsement Test offends traditional limitations on the powers of federal courts. Accordingly, the article ultimately argues that Congress should strip district courts of jurisdiction over challenges to state action under the Establishment Clause.