The United States Supreme
Court and Religious Freedom
St. James Place ~ Spring, 2013
I. The Supreme Court of the United States
The Court in the
Constitution
The Organization and
Work of the Court
The Judicial Process
II. How the Supreme Court Interprets the Constitution
A Quick View of
Constitutional History
Broad and Narrow
Construction
“Originalists” and
“Adapters”
III. A Constitutional History of Religion in the United States
The First
Amendment’s Background
Mr. Jefferson’s
“Wall of Separation”
The Application
of the First Amendment to the States
The “Great
Cases”
IV. The Establishment Clause in the Supreme Court
Government
Subsidies for Religious Entities
Prayers in
Public Schools and Public Places
V. The Free Exercise Clause in the Supreme Court
The Mornom
Cases
The
Jehovah Witness Cases
VI. The Future of Religion in the United States Supreme Court
The
Apparent Triumph of Secularism
The Persistence
of Religion in Public Life
ONLINE RESOURCES 5
Historical Background
Established Churches in Colonial Times
- from the American Bar Association
Religon in the Original 13 Colonies
- from procon.com
Jefferson's Letter to the Danbury Baptists (1802)
Incorporation of the First Amendment into the Fourteenth Amendment
- from uscourts.gov
The Supreme Court
United States Courts –
from the Administrative Office of U.S. Courts
The Supreme Court of the United States
– Workings – from supremecourt.gov
**The
Supreme Court of the United States - from Wikipedia
**Lawrence H. Tribe
(ed.), It Is a Constitution We Are Expoundinag: Collected Writings on
Interpreting Our
Founding Document (2009)
Supreme Court Voting Alignments - 2010 Term
- from the Harvard Law Review
The Oyez Project
- United States Supreme Court Media
Supreme Court Blog - SCOTUS
The
Judicial Branch
- from whitehouse.gov
The Supreme Court of the United States
- U.S. Code - from oncle.com
Religions Affiliations of Supreme Court Justices
- from answers.com
Religions Affiliations of All Supreme Court Justices
- from adherents.com
Religions Affiliations of All Supreme Court Justices
- from infoplease.com
Important Cases
**Judicial
Interpretation of the Fourteenth Amendment - from uscourts.gov
The Mormon Cases
- from oncle.com
The Jehovah's Witnesses Cases
- from oncle.com
Survey of Jehovah's Witnesses Cases
- Frankfurter, J., Concurring in Niemotko v. Maryland (1952)
Cochran v. Louisiana (1930)
Cantwell v.
Connecticut
(1939) - Incorporating the free exercise clause into the Fourteenth Amendment
Everson v. Board of
Education
(1947) - Incorporating the establishment clause into the Fourteenth Amendment
Engel v. Vitale
(1962)
Lemon v. Kurzman (1971)
Wallace v. Jaffree
(1985)
Board of Education
v. Allen
(1968) - New York textbook case
Edwards v. Aguillard
(1986) - Louisiana Creationism Case
Lee v. Weisman
(1992)
Marsh v. Chambers
(1983) - Chaplains in state legislatures
Santa Fe Independent School District v. Doe
(2000)
Zelman v. Simmons-Harris
(2001) - Cleveland Voucher Case
Arizona Christian School Tuition Organization v. Winn
(2011)
Freedom of Religion Cases
- from findlaw.com
Court Cases - from Lexis/Nexis
Findlaw - Supreme Court Religious Freedom Cases
Religion Cases in the Supreme Court
- Oyez Project - Enter "Religion" in the search field.
Cornell Legal Information Institute - Supreme Court Cases
- Enter "Religion" or "Religious Freedom" to obtain links to cases.
Selected Issues
Should the Words "Under God" Be in the United States Pledge of Allegiance
- from procon.org
Financial Aid to Church-Related Institutions
- from justicia.com
Prayer in Public Schools
- from
Exploring Constitutional Law
by Doug Linder
Religious Freedom - University of Virginia
Conscientious Objection and the Supreme Court
- from justicia.com
Religious Discrimination in the Workplace
- from Findlaw.com
**Indicates an item not on the initial handout.