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74 SMU L. Rev. F. 1 (2021)

handle is hein.journals/smulrf74 and id is 1 raw text is: SMU Law Review Forum Volume 74 February 2021 1-28 CONSTRUCTING A TOWER OF BABBLE: AN EXAMINATION OF PURPOSE IN ESTABLISHMENT CLAUSE JURISPRUDENCE Griffin S. Rubin ABSTRACT Purpose is a key component of modem Establishment Clause jurisprudence. While the Supreme Court has expanded the role purpose plays in various areas of constitutional analysis over the last half century, the Court seemingly continues to muddy the waters as to purpose's proper place in Establishment Clause cases. This Comment focuses on the function and operation of purpose in Establishment Clause cases in order to probe the complications and obstacles inherent to this area of constitutional law. By constructing and applying an analytical framework that examines modern Establishment Clause cases through the lenses of conceptions of purpose, evidence of purpose, and indicia of impermissible purpose, this Comment provides critical takeaways about the development and current state of the Establishment Clause-as well as potential future outcomes in these cases. Ultimately, the dispositive consideration in Establishment Clause cases is the utilization and weight given by individual Justices in any given case to the factors discussed in this Comment's analytical framework. This conclusion demonstrates the judge-dependent nature of these cases and the value certain Justices place on the institutional legitimacy of the Supreme Court and the judicial branch as a whole. TABLE OF CONTENTS INTRODUCTION I. BRIEF BACKGROUND OF THE ESTABLISHMENT CLAUSE II. WHAT PURPOSE IS AND ITS IMPORTANCE A. WHAT ACTUALLY IS PURPOSE? * J.D. Candidate, SMU Dedman School of Law, May 2020; B.A., University of Pennsylvania, May 2017. Thank you to Professor Dale Carpenter for his guidance in the development of this Comment. Thanks also to all the teachers and professors, from the Academy to SMU Law School, for pushing me to always want more. And thanks as always to my family and friends for their unwavering support. 1

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