Washington University Law Quarterly
This Article tests the thesis that the religious motivation of legislators, apart from the religious effects of their legislation, is sometimes a legally and philosophically sufficient basis for striking down legislation under the establishment clause.
Martin R. Gardner,
Illicit Legislative Motivation As a Sufficient Condition for Unconstitutionality Under the Establishment Clause—A Case for Consideration: The Utah Firing Squad,
1979 Wash. U. L. Q. 435
Available at: http://openscholarship.wustl.edu/law_lawreview/vol1979/iss2/7