Original Intent, Judicial Subjectivism, and the Establishment Clause: Implications for Educational Leaders

The purpose of this article is to 1) examine the interpretive method applied to the United States Constitution referred of as"Original Intent" and the degree, if any, to which it is superior in objectivity than other methods, 2) discuss whether the application of the interpretive method would have an effect preferred by conservative or liberals particularly regarding the Establishment Clause and the role of religion in the public schools, and 3) consider some implication for leaders in the education. The article will rely on a review the literature regarding constitutional interpretive philosophy and church-state related issues as well as analyses of historical documents and Supreme Court opinions. It is the position of this article that original intent possesses its own brand of subjectivity, thus making it no more superior than other interpretive methods in that regard. Original intent furthermore is likely to have an effect that favors conservatives who wish to return religion back to the public schools. Educational leaders, regardless of their political affiliation, are called upon to be engaged in political activism, especially in the election or nomination process of Justices.