CAN THE DOCTRINE OF SUBSIDIARITY HELP COURTS INTERPRET THE ESTABLISHMENT CLAUSE?

This article proposes that the concept of subsidiarity from Catholic social doctrine can be useful in understanding the function of the Establishment Clause in the First Amendment to the U.S. Constitution. Subsidiarity, however, does not serve as a source for judicially enforceable rules for applying the Clause; rather, it explains the Clause as essentially a federalism provision that leaves the resolution of church-state questions to the states.