Marbury v. Madison: Where the Court Claimed the Power of Judicial Review

Marbury v. Madison is a key case. Following the election of 1800, Justice of the Peace Wannabe Marbury sued James Madison for his position. Chief Justice Marshall decided the case in a way that I doubt any of the parties expected.

You can read the case here: Marbury v. Madison.

The Definition of the Establishment Clause

Here is the definition of the Establishment Clause from Everson v. Board of Education:

The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State."

Lynch v. Donnelly - The Muddled Middle-Ground

Lynch v. Donnelly is the first of the creche cases to reach the Supreme Court. The majority of the court, in an opinion by Chief Justice Burger, chooses the mushy middle of accepting this overtly Christian symbol only if it is part of a larger display that pays homage to the holiday season as a whole.

Read the opinion here: Lynch v. Donnelly.

Welcome

The purpose of this blog is to provide a place to put the reading material and to post important links for a class that will be taught on the Constitution and Christian Thought in the Winter of 2011-2012. Once the class is completed, this blog will probably become a place to post additional resources about the topic for public consumption.