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- Title
WAR RECONSTRUCTION AND THE ESTABLISHMENT CLAUSE: A FRAMEWORK FOR FOREIGN AID.
- Authors
Bird, Andrea
- Abstract
Since the end of the war in Iraq, the U.S. has allocated vast resources to aid in the reconstruction of this war-torn country. However, much of the funding directed toward reconstruction flows to religiously affiliated organizations. As such, it is important to determine whether U.S. reconstruction aid must conform to the standards for the separation of church and state set out in the Establishment Clause of the U.S. Constitution. This article examines this question by first looking at the legal, political and moral obligations of an invading state to aid in reconstruction after the armed conflict has come to an end. Second, it explores whether the Establishment Clause applies extraterritorially and concludes that it does. Third. this article examines the current conceptual framework used to analyze the Establishment Clause and applies the framework to the particular issue of reconstruction. Finally, it outlines a statutory scheme that will assist in directing reconstruction finds without violating the Establishment Clause.
- Subjects
UNITED States; IRAQ; RECONSTRUCTION in the Iraq War, 2003-2011; FOREIGN aid (American); CHURCH &; state; UNITED States. Constitution. 1st Amendment; INTERNATIONAL relief; ETHICS
- Publication
UCLA Journal of International Law & Foreign Affairs, 2008, Vol 13, Issue 2, p407
- ISSN
1089-2605
- Publication type
Article