Nonestablishment, Standing, and the Soft Constitution
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The Transformative Significance of the School Prayer Decisions
Pepperdine Law Review Volume 38 Issue 4 Article 1 4-20-2011 Constitutional Divide: The Transformative Significance of the School Prayer Decisions Steven D. Smith Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the First Amendment Commons Recommended Citation Steven D. Smith Constitutional Divide: The Transformative Significance of the School Prayer Decisions, 38 Pepp. L. Rev. Iss. 4 (2011) Available at: https://digitalcommons.pepperdine.edu/plr/vol38/iss4/1 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Constitutional Divide: The Transformative Significance of the School Prayer Decisions Steven D. Smith* I. INTRODUCTION II. CONTINGENCIES AND UNCERTAINTIES A. The Conclusion: Engel B. The Explanation: Schempp C. Unanswered Questions III. A CRAZY-QUILT, QUASI-CONSTITUTIONAL TRADITION A. The PerennialContenders B. Incompatible but (Sometimes) Indistinguishable C. Patterns ofDominance? D. The Conceptions as Quasi-Constitutional E. The Virtues of Quasi-Constitutionalism 1. Quasi-Constitutionalism as the Default Position 2. The Positive Advantages of Quasi-Constitutionalism F. On the Eve of the School PrayerDecisions IV. THE SIGNIFICANCE OF THE SCHOOL PRAYER DECISIONS A. How the Decisions Transformed ConstitutionalDoctrine 1. Secularism as the Doctrinal "Test" 2. The Significance of the Public Schools 3. The Importance of Prayer B. Why the Significance of the School PrayerDecisions Went Largely Unnoticed (by Their Supporters) V. TRANSFORMATIONS: THE CONSEQUENCES OF THE SCHOOL PRAYER DECISIONS A. -
The Role of Religious Values in Judicial Decision Making
Indiana Law Journal Volume 68 Issue 2 Article 3 Spring 1993 The Role of Religious Values in Judicial Decision Making Scott C. Idleman Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons, Courts Commons, and the Religion Law Commons Recommended Citation Idleman, Scott C. (1993) "The Role of Religious Values in Judicial Decision Making," Indiana Law Journal: Vol. 68 : Iss. 2 , Article 3. Available at: https://www.repository.law.indiana.edu/ilj/vol68/iss2/3 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. The Role of Religious Values in Judicial Decision Making SCOTT C. IDLEMAN* [U]nless people believe in the law, unless they attach a universal and ultimate meaning to it, unless they see it and judge it in terms of a transcendent truth, nothing will happen. The law will not work-it will be dead.' INTRODUCTION It is virtually axiomatic today that judges should not advert to religious values when deciding cases,2 unless those cases explicitly involve religion.' In part because of historical and constitutional concerns and in * J.DJM.P.A. Candidate, 1993, Indiana University School of Law at Bloomington; B.S., 1989, Cornell University. 1. HAROLD J. BERMAN, THE INTERACTION OF LAW AND RELIGION 74 (1974). 2. See, e.g., KENT GREENAWALT, RELIGIOUS CONVICTIONS AND POLITICAL CHOICE 239 (1988); Stephen L. -
From John F. Kennedy's 1960 Campaign Speech to Christian
NYLS Law Review Vols. 22-63 (1976-2019) Volume 53 Issue 4 Faculty Presentation Day Article 1 January 2008 From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics Stephen A. Newman New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons, Law and Politics Commons, Legal History Commons, Public Law and Legal Theory Commons, and the Religion Law Commons Recommended Citation Stephen A. Newman, From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics, 53 N.Y.L. SCH. L. REV. 691 (2008-2009). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 53 | 2008/09 STEPHEN A. NEWMAN From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics ABOUT THE AUTHOR: Stephen A. Newman is a professor of law at New York Law School. The author would like to thank Joseph Molinari of the New York Law School library for his invaluable assistance in the preparation of this article. 691 At a time when we see around the world the violent consequences of the assumption of religious authority by government, Americans may count themselves fortunate: Our regard for constitutional boundaries has protected us from similar travails, while allowing private religious exercise to flourish. The well-known statement that “[w]e are a religious people,” has proved true. -
Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works
The first page of the Senate’s markup of the House-passed Bill of Rights, the first 10 amendments to the Constitution, ratified in 1791. “Article the First” was never ratified. The third and fourth articles were combined by the Senate into what it now the First Amendment. The second article, dealing with the pay of members of Congress, was ratified more than two centuries after it was sent to the states, in 1992. Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works By Christine Blackerby hat if we elected the President of the United WStates by lot—by pulling a ball representing a candidate out of a bowl? A constitutional amendment introduced in Congress in 1846 proposed precisely that. In 1838, one member of Congress shot another, prompting the introduction of an amendment to the Constitution to deny public office to duelers. A citizen wrote to Congress in 1963 to advocate for a constitutional amendment to require that Americans “tell the truth, the whole truth, and nothing but the truth.” Anyone who failed in that duty would be sen- tenced to 20 years of hard labor. These are just a few of the more than 11,000 consti- tutional amendments that have been proposed in Con- gress since the Constitution was written in 1787. Some of them were proposed to call attention to an issue, some as satire, some to allow a member of Congress to take a political stand, and some were very serious appeals to resolve pressing problems. Left: A mural by Barry Faulkner in the Rotunda of the National Archives Building depicts James Madison handing a copy of the Constitution to George Washington (far right). -
Secular State, Religious People— the American Model
THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY RICE UNIVERSITY SECULAR STATE, RELIGIOUS PEOPLE— THE AMERICAN MODEL BY WILLIAM MARTIN HARRY AND HAZEL CHAVANNE SENIOR FELLOW IN RELIGION AND PUBLIC POLICY JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY RICE UNIVERSITY APRIL 2006 Secular State, Religious People—The American Model THIS PAPER WAS ADAPTED FROM PRESENTATIONS MADE BY THE AUTHOR AT THE INAUGURAL CONFERENCE OF THE BONIUK CENTER FOR THE STUDY AND ADVANCEMENT OF RELIGIOUS TOLERANCE AT RICE UNIVERSITY, SEPTEMBER 20, 2005, AND AS THE HOWARD MAHAN LECTURE AT THE UNIVERSITY OF SOUTH ALABAMA, MOBILE, FEBRUARY 9, 2006. THE RESEARCH AND VIEWS EXPRESSED IN THESE PAPERS ARE THOSE OF THE INDIVIDUAL RESEARCHER, AND DOES NOT NECESSARILY REPRESENT THE VIEWS OF THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY, © 2006 BY THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY OF RICE UNIVERSITY THIS MATERIAL MAY BE QUOTED OR REPRODUCED WITHOUT PRIOR PERMISSION, PROVIDED APPROPRIATE CREDIT IS GIVEN TO THE AUTHOR AND THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY. 2 Secular State, Religious People—The American Model Introduction Almost everywhere in the world where people are at war, religion plays a role, usually a negative one. In this country, religion contributes to a growing and disturbing polarization. Still, though not perfect in its record of religious tolerance, America has been remarkable in its success at avoiding faith-flavored wars and, overall, at granting freedom to a wide variety of religious expressions and practices over the past two centuries and a little more. That is a notable achievement in human history. -
The No Religious Test Clause and the Constitution of Religious Liberty: a Machine That Has Gone of Itself, 37 Case W
Notre Dame Law School NDLScholarship Journal Articles Publications 1987 The oN Religious Test Clause and the Constitution of Religious Liberty: A Machine That Has Gone of Itself Gerard V. Bradley Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Recommended Citation Gerard V. Bradley, The No Religious Test Clause and the Constitution of Religious Liberty: A Machine That Has Gone of Itself, 37 Case W. Res. L. Rev. 674 (1986-1987). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/67 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE NO RELIGIOUS TEST CLAUSE AND THE CONSTITUTION OF RELIGIOUS LIBERTY: A MACHINE THAT HAS GONE OF ITSELF* Gerard V. Bradley** The article VI ban on religious tests for federal offices is the sole provision on the topic of religion in the original Constitution. Since the seminal Everson decision in 1947 the courts and commentators have labored mightily to craft a thoroughgoing constitutionalphilosophy of church and state, in recognition of the profoundly prob- lematic relationship between religion and law in our society. Yet none has looked carefully at the test clause for guidance. This Article does just that. Professor Bradley argues that notwithstanding the complete absence of attention to article VI, its story tells us all we need to know about the appropriateconstitutional philosophy of religion: there is none. -
Analysis of Jurisprudence Presented in Elk Grove Unified School District V Newdow (2004)
UNLV Retrospective Theses & Dissertations 1-1-2004 Analysis of jurisprudence presented in Elk Grove Unified School District v Newdow (2004) David Thomas Smith University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Smith, David Thomas, "Analysis of jurisprudence presented in Elk Grove Unified School District v Newdow (2004)" (2004). UNLV Retrospective Theses & Dissertations. 2620. http://dx.doi.org/10.25669/37vt-idoc This Dissertation is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. This Dissertation has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. ANALYSIS OF JURISPRUDENCE PRESENTED IN ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW (2004) by David Thomas Smith Bachelor of Arts California State University, Northridge 1975 Master of Arts California State University, Northridge 1979 Master of Education University of Nevada, Las Vegas 1999 A dissertation in partial fulfillment of the requirements for the Doctor of Education Degree in Educational Leadership Department of Educational Leadership College of Education Graduate College University of Nevada, Las Vegas August 2005 Reproduced with permission of the copyright owner. -
Extensions of Remarks Hon. William C
1961 CONGRESSIONAL RECORD- HOUSE 2037. United States to Mrs. Harriet La Pointe - By "Mr. SANTANGELO: PETITIONS, ETC. Vanderventer; to the Committee on Interior H-.R. 4215. A b111 for the relief of Mariano and Insular Affairs. · · Craeolici; to the Committee on the Judi Under clause 1 of rule ~XXII, petitions By MT. PUCINSKI: ciary. and papers were laid on the Clerk's desk H.R. 4209. A b111 for the Telief ·of Giusep H.R. 4216. A b111 for the relief of Luigi Lo and referred as follows: pina Bucchianeri; to the Committee on the Bue; to the Committee on the Judiciary. 56. By Mr. HOSMER: Petition of certain Judiciary. By Mr. WIDNALL: residents of the 18th Congressional District H.R. 4210. A bill for the relief of Stanis H.R. 4217. A bill for the relief of David Tao of California, requesting enactment by Con lawa Wojewodzka Gorna; to the Committee Chung Wang; to the Committee on the Ju gress of House Resolution 1826 to create a on the Judiciary. diciary. commission to be known as the Commission H.R. 4211. A bill for the relief of Ales H.R. 4218. A bill for the relief of Navrojt on Noxious and Obscene Matters and Mate sandro Bottero; to the Committee on the (Nivi) D. Khandalavala; to the Committee rials; to the Committee on Education and Judiciary. on the Judiciary. Labor. By Mr. WILLIAMS: H.R. 4212. A bill for the relief of Herman H.R. 4219. A bill for the relief of the estate 57. By the SPEAKER: Petition of the sec F. -
Christian Americanism and Texas Politics Since 2008 — Appendix
Christian Americanism and Texas Politics Since 2008 — Appendix Appendix: Annotated Bibliography This appendix provides a supplemental literature review for “Christian Americanism and Texas Politics Since 2008.” The full paper is available at: https://doi.org/10.25613/0ssp-2x65 Though historian Mark Edwards observed in 2017 that Christian Americanism remains largely understudied, the ideology is the subject of a growing body of scholarly literature.1 To date, however, most work either treats the ideology as a national phenomenon or focuses on its role in the debate over the curriculum in Texas public schools. Few works emphasize the issue of Christian Americanism in Texas politics (outside the educational context). This appendix offers an annotated bibliography of selected works relevant to the study of that issue. Brockman, David R. Religious Imbalance in the Texas Social Studies Curriculum: Analysis and Recommendations. Houston, TX: Rice University’s James A. Baker III Institute for Public Policy, 2016. http://www.bakerinstitute.org/research/religious- imbalance-texas-social-studies-curriculum/. In this 2016 Baker Institute report, I examine how religion is covered throughout the Texas public school social studies curriculum selection process, from the development of curriculum standards to the review and adoption of instructional materials for use in Texas classrooms. While most scholarly and media attention has focused on controversies over the teaching of science and history in Texas, I argue that the coverage of religion in the Texas -
In God We Trust: the Judicial Establishment of American Civil Religion, 43 J
UIC Law Review Volume 43 Issue 4 Article 1 Summer 2010 In God We Trust: The Judicial Establishment of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010) James J. Knicely John W. Whitehead Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Civil Rights and Discrimination Commons, Communications Law Commons, Constitutional Law Commons, Courts Commons, First Amendment Commons, Jurisprudence Commons, Law and Philosophy Commons, Law and Society Commons, Legal History Commons, Public Law and Legal Theory Commons, and the Religion Law Commons Recommended Citation James J. Knicely & John W. Whitehead, In God We Trust: The Judicial Establishment of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010) https://repository.law.uic.edu/lawreview/vol43/iss4/1 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. IN GOD WE TRUST: THE JUDICIAL ESTABLISHMENT OF AMERICAN CIVIL RELIGION JAMES J. KNICELY AND JOHN W. WHITEHEAD* There is therefore a purely civil profession of faith of which the Sovereign should fix the articles, not exactly as religious dogmas, but as social sentiments without which a man cannot be a good citizen or a faithful subject.' I. INTRODUCTION In his recent moral history of the American Civil War, Harry Stout, the Jonathan Edwards Professor of History at Yale University, vividly describes the sacraments of de facto American Civil Religion. -
1. Introduction ~Ar
:Jgth of the Religious Right had begun to wane. i/angelical-Jewish dialogue, many caricatures and Dth communities. Some human bridges of NATURAL ADVERSARIES OR POSSIBLE ALLIES? he gulfofearlier isolation and suspicion, resulting AMERICAN JEWS AND TIlE NEW CHRISTIAN RIGHT ()Vjes an extraordinarily useful record of how the ponded to the challenges posed by the Religious ~hts will be helpful in the 19908 and beyond, for 1. Introduction ~ar. ;, Jews are gratified that many leaders of the The emergence of a full-blown New Christian Right upon the national political :" implicity accepted the principle of religious and scene in 1980 severely jolted American Jews. Like most Americans, they had .d the need to reach out to coalition partners. But believed that religious fundamentalism, a feature of the 19208, had been :tized "second wave" of the Religious Right has permanently laid to rest along with Prohibition and the trial of John Scopes. la, running its own candidates for many elective Although the New Christian Right never defined its political program in terms of ~eking to take over one of the major political Christian versus Jew -- in fact, it firmly supported two causes of vital importance to American Jews, aid to Israel and aid to Soviet Jewry -- the sight of a militant Ie form, and the American Jewish community will Christianity committed to missionizing and harnessed to the forces of political many years to come. The era of ships passing in conservatism resurrected age-old fears for Jewish freedom and equality. The Evangelical clergy and organizations -- three of the most prominent in 1980 were the Moral Majority, Christian Voice, and Religious Roundtable -- that Rabbi A James Rudin, Director informally constituted the Christian Right challenged a secularized America. -
Living with Our Deepest Differences: Religious Liberty in a Pluralistic Society
introduction Living With our deepest differences: religious Liberty in a pluralistic society teacher’s resource • Lesson plans All rights reserved. The materials in this volume may be reproduced for classroom use at the instance and inspiration of the individual teacher. Other than for such use, no part of this volume may be reproduced, stored or transmitted by any means — mechanical, electronic or otherwise, including photocopy — without written permission from the publisher. Published in the United States of America. 2009 First Amendment Center Publication No. 271.08-FAC | 07/09 | Produced for the Web | © 2009 Freedom Forum Living With our deepest differences: religious Liberty in a pluralistic society teacher’s resource Lesson plans originaL edition by: Michael d. cassity os guinness charles c. haynes John seel timothy L. smith oliver s. thomas neW edition revised and edited by: shaun Mcfall charles c. haynes contents introduction............................................................................................................................................................................................6 A New Opportunity for Teaching Religious Liberty ............................................................................................................................ 6 Using the Lessons ................................................................................................................................................................................. 8 Presentation .........................................................................................................................................................................................