The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the Constitution is played out again within Justice Anthony Kennedy’s opinion in the recent case of Town of Greece v. Galloway.
Huhn, Wilson, "Tradition, Policy and the Establishment Clause: Justice Kennedy's Opinion in Town of Greece v. Galloway" (2015). Con Law Center Articles and Publications. 26.