Outline and Introduction

Constitution and Christian Thought
Blog address: http://constitutionandchristianthought.blogspot.com/

Class outline:

Class 1 - Introduction – The Crèche Controversy

Class 2 - Marbury v. Madison and The Power of Judicial Review

Class 3 - No Class – Christmas

Class 4 - The Declaration of Independence and the Constitution

Class 5 - The Limits of Court Power

Class 6 - The Commerce Clause

Class 7 - Substantive Due Process

Class 8 - The Right to Privacy

Class 9 - The Right to Privacy and Abortion

Class 10 - The Establishment Clause

Class 11 - The Free Exercise Clause and Current Approaches

Class 12 - Freedom of Speech

Class 13 - The Equal Protection Clause

For Class 1: We will be discussing the current controversy in Athens, Texas regarding a suit to remove a long-standing crèche from public land:

The Freedom From Religion Foundation has taken offense with a nativity scene displayed outside a courthouse in downtown Athens, Texas. The Keep Athens Beautiful Committee has
been putting up the nativity scene since 2002, and County Judge Richard Sanders says it’s not violating any law, according to ABC News affiliate KBMT.

“Because we have all the other decorations, it’s legal,” Sanders said. “Our county attorney has looked into it.”

A Henderson County resident complained to the Freedom From Religion Foundation, a Wisconsin-based atheist group, and the foundation notified the committee that the nativity scene was in violation of federal law.

The foundation asked for the baby Jesus to be removed, or for a sign to be put up next to his crib that would read: “At this season of the winter solstice may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but myth and superstition that hardens hearts and enslaves minds.”

But while some believe Santa is “but myth and superstition,” no one has asked for a sign to be placed next to him, clarifying his non-existence. The town has several other seasonal decorations up, such as reindeer, garden gnomes and snowmen, but the nativity scene is the only decoration has been criticized as a religious symbol. As for Santa, he’s more of a tradition than a religious icon, so the foundation has not taken issue with him.

Henderson County Commissioner Joe Hall says he’ll fight to keep the nativity scene in place. “Don’t come down here and tell me there is no God. This nation is a Christian nation regardless of what those fruit loops and fruitcakes in Washington D.C. say. Hell will freeze over before I vote to have it removed,” Hall said.

Here are your tools:
The Religion Clauses of the First Amendment:

“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof.”

The Court’s statement in 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."

The test from Lemon v. Kurtzman:

First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with
religion."

Lynch v. Donnelly
City of Allegheny v. ACLU