The Establishment Clause and Progressive Ideology: Balancing Policy Goals and Constitutional Safeguards
This paper examines whether institutional enforcement mechanisms associated with modern progressive ideology risk violating the Establishment Clause of the First Amendment by privileging specific ideological frameworks. Applying the Seeger Test, Malnak Test, and related precedents, it evaluates whether compelled ideological affirmations, ritualized policy observances, and punitive measures for dissent in government-funded institutions mirror structures historically associated with religious systems. The analysis distinguishes between constitutional advocacy of secular goals and unconstitutional enforcement of ideological orthodoxy, recommending targeted litigation and policy neutrality reforms to safeguard constitutional pluralism.
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2025-04-27
- DOI
- https://doi.org/10.5281/zenodo.15305592
- Primary Topic
- Optical measurement and interference techniques
- Type
- article
- Field-Weighted Citation Impact
- 0.00