cl44

CONSTITUTIONAL LAW
W.B. Fisch, Fall 2003
Assignment #45

Chapter 17. RELIGION AND THE CONSTITUTION

1. The Establishment Clause

First Amendment, cl. 1: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..."

A. Introduction

EVERSON V. BOARD OF EDUCATION, p. 1584 (1947)

what regulation is challenged, and what was its purpose?
what standard of review did the Court apply to the regulation?
is the decision consistent with its famous para. p. 1587 (2d full)?

How do the Religion Clauses become applicable to the states?

Were they meant as libertarian, as Black suggests, or to protect state establishment practices, as the authors in n. a p. 1586 suggest? What difference does it make?
As candidates for "incorporation" via the 14th Amendment, is there any difference between the Establishment Clause and the Free Exercise clause?

Lemon v. Kurtzman, p. 1589: the 3-part test
Lamb's Chapel v. Center Moriches Union Free School District, p. 1589 (1993): does allowing use of public school facilities for private religious instruction, on the same terms as social, civic and recreational uses by other private persons, violate EC?

B. Government Religious Exercises, Ceremonies, Displays and Practices

ZORACH V. CLAUSON, p. 1589 (1952).

What regulation, with what purpose?
What standard does the Court apply?
How does this differ from McCullom, distinguished by the Court?
carry-over paragraph pp. 1591-2: how does it jibe with a "wall of separation"?

SANTA FE INDEPENDENT SCHOOL DISTRICT V. DOE, p. 1593 (2000)

What regulation with what purpose?
On what basis did the majority conclude that the purpose was sectarian?
Suppose a new high school, or one which has never had invocations, benedictions, or prayers at official events before; could it adopt the Sante Fe polic(ies) without violating the Establishment Clause?
Are athletic events different from graduation ceremonies, for EC purposes?

EDWARDS V. AGUILLARD, p. 1602 (1987)

What regulation, with what purpose?

Can this regulation have "a secular purpose"?
If there is a dispute as to whether "creation science" has a non-religious scientific value, who should decide that dispute?

How does the regulation fare under the other elements of Lemon?