The Establishment Clause and Marsh v. Chambers

The Establishment Clause and Marsh v. Chambers Overview In this lessn, students will cnsider the implicatins f the Establishment Clause in the First Amendment by learning abut the landmark Supreme Curt case Marsh v. Chambers. Thrugh the dcumentary f Marsh v. Chambers, students will begin t examine whether a prayer ffered by a Prtestant minister t pen a legislative sessin vilates the U.S. Cnstitutin. Students will cntinue their explratin f the issue by creating news bradcasts related t the cntrversy. Grade 9-12 Curse Civics and Ecnmics Nrth Carlina Standard Curse f Study fr Civics and Ecnmics Objective 1.07: Evaluate the extent t which the Bill f Rights extended the Cnstitutin Objective 2.03: Explain hw the United States Cnstitutin grants and limits the authrity f public fficials and gvernment agencies. Objective 2.05: Analyze curt cases that illustrate that the United States Cnstitutin is the supreme law f the land. Objective 2.06: Analyze curt cases that demnstrate hw the United States Cnstitutin and the Bill f Rights prtect the rights f individuals. Nrth Carlina Standard Curse f Study fr US Histry Objective 12.02: Evaluate the impact f recent cnstitutinal amendments, curt rulings, and federal legislatin n United States' citizens. Objective12.04: Identify and assess the impact f scial, plitical, and cultural changes in the United States. Essential Questins Hw des the Bill f Rights ffer prtectin fr citizens? (specifically, prtectin f religius freedm) Hw are the rights granted in the Bill f Rights limited by interpretatin f the judiciary branch? In what ways des the U.S. Cnstitutin limit the pwer f public fficials? Hw d laws impact peple s lives? Hw can an individual s chices affect the liberty and happiness f thers? Materials Visual f Ten Cmmandments at Curthuse, attached Dcumentary f Marsh v. Chambers (Vices f American Law DVD; available at www.vicesfamericanlaw.rg) Marsh v. Chambers Viewer s Guide and Answer Key News Bradcast Descriptin and Instructins, attached Lee v. Weisman/Abingtn v. Schempp handut Edited Opinin f Marsh v. Chambers Tip Sheets fr Cmmittee Hearing Duratin 1 r 1 ½ blck perids Prcedure Warm-Up: Religin in Public Life. 1. Prject the picture f the Ten Cmmandments at the Curthuse. Ask the students what they see in the picture, and what thughts they have regarding seeing tw things tgether (a religius symbl and a gvernment building). Have the students cnsider what rle religin has in public life. Give a few ther times that religin des exist in the public arena t encurage discussin. Examples: A teacher in a public schl, r ther public fficial, leads a grup in the Pledge f Allegiance which states One Natin, Under Gd... In Gd We Trust is printed n U.S. currency by the federal gvernment Created by DUKE LAW ~ www.vicesfamericanlaw.rg 1

A public schl graduatin r sprting event which begins with a prayer The Ten Cmmandments are psted n gvernment prperty such as schls, curt huses, and city buildings Curts begin with a gvernment emplyee stating: Gd save this Curt Federal and state gvernments give tax exemptins t religius grups Federal, state, and lcal gvernment legislative sessins are pened with a prayer given by a chaplain The federal gvernment emplys chaplains t give guidance t members f the armed frces Public high schl bands, led by a teacher r ther schl fficial, play religius sngs r sngs in which religin is the central theme (such as Amazing Grace) Nativity scenes are placed n public schl grunds r gvernment prperty, r in public schl plays Christmas trees are displayed n public schls grunds r ther gvernment prperty Witnesses in curt are swrn in n the Bible The First Amendment 2. Prject the text frm the First Amendment, underlining the phrase Cngress shall make n law respecting an establishment f religin Explain that these 10 wrds are referred t as the Establishment Clause. Ask the class, based nly n these 10 wrds, what their interpretatin f the clause is. Ensure students cme t the understanding that Cngress cannt establish an fficial church, such as the Church f the United States Explain t the class that thrugh a series f Supreme Curt decisins, the Establishment Clause has been extended t apply nt nly t Cngress, but als t state gvernments thrugh a prcess knwn as incrpratin. This cncept des nt need t be thrughly explained t the class, but make sure they understand that the Establishment Clause applies t bth the federal and state gvernments and gvernment actrs. Dcumentary: Marsh v. Chambers 3. Tell students that they are nw ging t watch a dcumentary which discusses the Establishment Clause f the First Amendment. Tell them that they shuld pay clse attentin t the facts f the case and the arguments being presented. N further intrductin is necessary fr the dcumentary. The fllwing basic facts are prvided fr yur cnvenience and belw are three ptins fr hw yu may present the dcumentary. Teacher Reference - Synpsis f the Case Ernie Chambers was a member f the Nebraska legislature wh represented Omaha fr a number f years. The legislature had a practice f pening each sessin with a prayer, given by a state-selected chaplain wh was paid with gvernment funds. Senatr Chambers was vcal in his ppsitin t the inclusin f this religius activity and eventually filed a lawsuit challenging the practice as a vilatin f the Establishment Clause f the First Amendment. Viewing Optins There are several ways yu can chse t have the class view the dcumentary. Yu may chse t have the class watch the vide with n pauses and have students wrk n the attached Viewer s Guide while watching Suggested Viewing: Yu may chse t pause the vide at the times utlined belw and ask the class t discuss the questins listed. Students may cmplete the questins belw in additin t r instead f the questins n the Viewer s Guide. Discussin Pint #1: (Pause at 3:30; after the vicever f Palmer s prayer) Ask students what they think abut this prayer that was delivered by Revered Palmer. Des it endrse religin? Des it endrse a specific religin r kind f religin? Is this what the First Amendment was meant t prhibit r is this allwable? Discussin Pint #2: (Pause at 7:30; after Senatr Chambers discusses that thers claim it wn t hurt him t be present fr the prayer) Senatr Chambers went t great lengths t avid being present fr the prayer. What des this tell yu? (This might present an example f hw uncmfrtable religin can make thse peple wh are nt f the same religin; r, perhaps he is taking ffense t smething which the Cnstitutin was nt meant t prhibit.) Des the First Amendment prtect individuals like Ernie Chambers frm frced, minimal expsure t religin by the gvernment? Explain. Discussin Pint #3: (Pause at 11:20; after Senatr Chambers says that it des nt matter t him whether a different religin was represented everyday) Shuld it matter that nly mainstream Prtestants had been selected t serve in the chaplain psitin? Des this fact say that the Nebraska legislature endrses Prtestant views in yur pinin? Wuld it be different if there was a rtatin f clergymen that included priests, ministers, rabbis, mnks, and ther religius leaders? Or is the prblem that religin is being funded and presented by state gvernment? Created by DUKE LAW ~ www.vicesfamericanlaw.rg 2

Discussin Pint #4: (Pause at 14:39; after the discussin f the traditin argument that was expunded by Nebraska): Is an argument based n traditin smething that shuld be given weight when deciding cnstitutinal issues? Des the fact that the drafters f an amendment did smething prvide an authritative interpretatin f what that text means? What pssible psitives and negatives are there with arguments based n traditin? Tnight, n the 6:00 News! 4. Explain t students that they will prepare and present a newscast that cvers the cntrversy f Chambers suing the state fr abridging his right t freedm f religin. Divide students int grups based n class size: there are seven news statins with suggestins fr 11 rles fr each statin. Adjust the number f news statins and number f students fr each statin based n classrm needs. Prvide each grup with a news statin handut and the Lee v. Weisman/Abingtn v. Schempp handut. Review grup-wrk expectatins and allw 15-20 minutes fr students t plan their news bradcast. Infrm students that their bradcast shuld be 5 minutes lng and that the bradcast must reference Lee v. Weisman and Abingtn v. Schempp regarding the US Supreme Curt s upcming decisin. Once students have cmpleted their newscasts, review class expectatins fr being a respnsible audience member and allw students t present their bradcast t the class. After each bradcast, ask the remainder f the class what they learned frm the presentatin and discuss any imprtant pints that came up. Curt s Decisin: Marsh v. Chambers 5. After newscast presentatin (r n the fllwing day f class), allw the class t discuss, as a whle, whether r nt they believe that this practice f the Nebraska legislature vilates the Establishment Clause. Infrm the class that the Supreme Curt decided this issue with a 6-3 vte s, s n matter which side they chse, there are plausible arguments t supprt their cnclusin. 6. Hand ut the attached utline f the Curt s decisin fr students t read, and/r summarize and explain the Curt s decisin t the class and allw students t cmment: Supreme Curt s Ruling: We d nt dubt the sincerity f thse, wh like respndent, believe that t have prayer in this cntext risks the beginning f the establishment the Funding Fathers feared. But this cncern is nt well funded, fr as Justice Gldberg, aptly bserved in his cncurring pinin in Abingtn: It is f curse true that great cnsequences can grw frm small beginnings, but the measure f cnstitutinal adjudicatin is the ability and willingness t distinguish between real threat and mere shadw. The unbrken practice fr tw centuries in the Natinal Cngress, fr mre than a century in Nebraska and in many ther states, gives abundant assurance that there is n real threat while this Curt sits. Reasning f the Majrity: On the issue f prayer in general in the legislature (nthing specific t Nebraska per se), the imprtance f traditin was an verriding principle. which the majrity chse t fcus n thrughut the pinin: The pening f sessins f legislative and ther deliberative public bdies with prayer is deeply embedded in the histry and traditin f this cuntry. Als, the Curt gives weight t the fact that three days after Cngress agreed t appint and pay chaplains, they agreed t the language that was adpted in the Bill f Rights. This, cmbined with the unbrken traditin f the Cngress and state legislatures, prvided an authritative interpretatin f the meaning f the Establishment Clause n this issue. The Curt als rejected several arguments that Chambers raised specifically against the practice in the Nebraska legislature The Curt stated that selecting a clergyman frm a particular faith did nt, in this case, serve t advance that ministers particular religin The Curt als articulated that the paying f the chaplain with gvernment funds was acceptable because the grup f Cngressmen that adpted the First Amendment apprved f this practice Finally, the Curt stated that the cntent f the prayers, which Chambers alleged was specifically Jude- Christian, was nt smething that culd be lked at by this r any ther Curt. S, essentially, the cntent was irrelevant fr purpses f determining cnstitutinality. 7. T culminate the lessn, r as a hmewrk activity, tell students that citizens frm arund Nebraska, n bth sides f this issue, have gathered utside f the Nebraska legislature n the day f the cmmittee meeting. Instruct each student t create a pster either supprting r denuncing the practice. The psters culd include drawings, slgans, symbls, and anything else that students believe wuld be persuasive. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 3

Additinal Activities Analysis f Nrth Carlina Law and Practice: Yu may als chse t allw students t lk at Nrth Carlina law n this issue. The Nrth Carlina Cnstitutin addresses religius freedm in Article I, Sectin 13: All persns have a natural and inalienable right t wrship Almighty Gd accrding t the dictates f their wn cnsciences, and n human authrity shall, in any case whatever, cntrl r interfere with the rights f cnscience. Ask students if they believe this language, that wuld gvern the Nrth Carlina legislature in additin t the Establishment Clause, is mre r less restrictive than the First Amendment. In ther wrds, d they believe yu wuld have a better r wrse argument in Nrth Carlina than Senatr Chambers had in Nebraska? Bth the Huse and Senate f the Nrth Carlina Legislature have a chaplain and begin legislative sessins with a prayer. There appear t be n cases that have challenged this practice. The rules adpted fr the 2007 Legislative Sessin are attached. Optinal Senate Cmmittee Exercise: Divide the class int tw grups. These tw grups will independently cnduct tw senate cmmittee hearings. The Nebraska Senate has decided that befre Marsh v. Chambers is decided by the Supreme Curt, it will create a Special Cmmittee n Prayer in the Legislature, hld a cmmittee meaning, and request that the cmmittee articulate a recmmendatin n the issue f cntinuing the practice f pening legislative sessins with a prayer t the full Senate. Rles: Fur students t serve as Senatrs n the Special Cmmittee that utwardly supprt ablishing f the chaplain psitin and the practice f prayer (herein Calitin 1). One student will give pening remarks that utline this psitin One student will be respnsible fr questining Senatr Chambers One student will cnduct an examinatin f Reverend Palmer One student will give a summary f this psitin at the clse f the cmmittee hearing, befre the final vte. Fur students t serve as Senatrs n the Special Cmmittee that utwardly supprt the traditin and want t maintain this practice (herein Calitin 2). One student will give an pening speech t supprt maintaining the practice One student will examine Senatr Chambers One student will questin Reverend Palmer One student will give a clsing statement which summarizes the psitin f these Senatrs One student t play the rle f Senatr Chambers One student t play the rle f Reverend Palmer One student t serve as the Cmmittee Chairman (wh will remain neutral thrughut the meeting) The remaining students shuld serve as undecided Senatrs n the Special Cmmittee Attached t the end f the lessn plan, there are tip sheets fr the peple in each f these rles. Befre starting the trial, give the students time t study their tip sheets and prepare fr their part in the cmmittee hearing. During this time, the undecided members f the cmmittee shuld elect ne student t take ntes during the pening statement f the f the anti-chaplain grup, a different student t take ntes during the pening statement f the pr-chaplain grup, ne t take ntes during the anti-chaplain questining f Senatr Chambers, ne t take ntes during the pr-chaplain questining f Senatr Chambers, etc. Prcedure fr Cmmittee meeting and tips fr rles attached. Differentiatin Students with Special Needs Ensure that students are placed in mixed ability grups. Alter grup size t meet diverse needs f students. Assign rles in grups that struggle with planning and have them write part in smaller grups and then calesce fr final discussins. AIG Have students break int grups and chse ne f ptinal additinal activities t participate in. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 4

Warm-Up Visual Created by DUKE LAW ~ www.vicesfamericanlaw.rg 5

Name: Marsh v. Chambers Viewer s Guide 1. What did Reverend Palmer believe his rle was as chaplain? 2. What was Senatr Ernie Chambers view n gvernment and religin? 3. What did Senatr Chambers attempt t d befre the prayer was given? 4. Hw did Senatr Chambers attempt t stp the prayer befre filing a lawsuit? 5. Wh is Marsh in the name f this case and why was he listed in the lawsuit? 6. In the histry f the Nebraska chaplain psitin, what religin(s) had been represented by that pst (nt including ccasinal guest clergymen)? 7. What did Chambers and his attrneys fcus n during the lawsuit? 8. Hw did the State attempt t defend the prayers? 9. What did the district curt decide? 10. Hw did the Eighth Circuit rule? Created by DUKE LAW ~ www.vicesfamericanlaw.rg 6

Marsh v. Chambers Viewer s Guide 1. What did Reverend Palmer believe his rle was as chaplain? He believed his rle was t influence legislatrs wh were deciding the future f Nebraska. 2. What was Senatr Ernie Chambers view n gvernment and religin? Senatr Chambers believed in strict separatin f church and state. 3. What did Senatr Chambers attempt t d befre the prayer was given? He attempted t leave the chambers befre the prayer was given. 4. Hw did Senatr Chambers attempt t stp the prayer befre filing a lawsuit? He expressed his cncerns n the flr f the legislature and even went t the Executive Cmmittee in an attempt t stp the practice. 5. Wh is Marsh in the name f this case and why was he listed in the lawsuit? He was the State Treasurer and authrized the payment f Palmer s stipend. 6. In the histry f the Nebraska chaplain psitin, what religin(s) had been represented by that pst (nt including ccasinal guest clergymen)? Every chaplain had been a mainstream Prtestant. 7. What did Chambers and his attrneys fcus n during the lawsuit? Reverend Palmer was paid a $300 mnthly stipend. 8. Hw did the State attempt t defend the prayers? They said this practice was part a lng standing, American traditin that had cntinued since the funding f the cuntry. 9. What did the district curt decide? The curt declared that pening the sessin with a prayer was cnstitutinal. Hwever, it als held that it is uncnstitutinal fr the chaplain t be paid with gvernment mney. 10. Hw did the Eighth Circuit rule? Held that nt nly was paying the chaplain uncnstitutinal, the general practice f pening the sessins with a prayer vilated the First Amendment. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 7

Yur Grup: KETV 7 Omaha News The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented t the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters can als interview a few Nebraska citizens wh wuld prvide their wn pinins n issues such as the rle f religin in gvernment, hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers, etc. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs can als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 8

Yur Grup: WOWT 6 Omaha News The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 9

Yur Grup: KPTM Fx Omaha News 42 The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 10

Yur Grup: KM Actin 3 Omaha News The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 11

Yur Grup: Nebraska Educatinal Telecmmunicatins (NET) (PBS affiliate) The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 12

Yur Grup: KXVO WB 15 Omaha News The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 13

Yur Grup: KLKN ABC Lincln News The biggest news stry in Nebraska is the upcming Supreme Curt case Marsh v. Chambers. Ernest Chambers, a member f the Nebraska legislature, has challenged the legislature's chaplaincy practice in federal curt. This practice invlves the ffering f a prayer at the beginning f each legislative sessin by a chaplain chsen by the state and paid ut f public funds. The district curt supprted Chambers n the use f public funds. The appeals curt supprted Chambers n the prayer practice. Bth parties appealed t the U.S. Supreme Curt. Yu must plan and present tnight s newscast infrming the citizens f Nebraska abut the case and previewing the legal arguments that will be presented fr the Supreme Curt. Chse frm the rles described belw and plan yur newscast. Remember, yu will be cmpeting with ther news channel t win tnight s rating game, s make it creative with plenty f dialgue and prps! 1-2 anchrs in the studi: these students will serve as the jurnalists wh intrduce the stry and give sme cntext t viewers at the beginning f the bradcast. Als, they can serve t ask questins f the field reprters wh are at the Senate. 1-2 field reprters: these students will serve as jurnalists at the legislative chambers wh interview Senatr Chambers, Reverend Palmer, and anyne else they believe culd prvide insight. Ernie Chambers: a member f the Nebraska Legislature and a taxpayer f Nebraska. He is suing the state claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment. Reverend Palmer: the chaplain f the Nebraska legislature that is paid by Nebraska state gvernment t give a shrt prayer. 1 Pr-chaplain Nebraska Legislatr: this rle will represent a member f the Nebraska Unicameral that supprted having a Chaplain give a daily prayer befre the beginning f each daily sessin. 1-2 Nebraska citizens: the field reprters culd als interview a few Nebraska citizens wh wuld prvide their wn pinins, including n the rle f religin in gvernment and hw they feel abut their tax dllars being spent t pay a chaplain and prduce a bk f religius prayers. Ideally, yu wuld have ne student wh wuld supprt the use f public funds t infuse religin int the legislative prcess and ne student wh wuld ppse this practice 1 Legal expert: the anchrs culd als interview a prfessr frm the University f Nebraska Law Schl abut ther Supreme Curt case related t the First Amendment right t freedm f religin. See Lee v. Weisman and Abingtn v. Schempp handut. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 14

Lee v. Weisman Facts f the Case: In keeping with the practice f several ther public middle and high schl principals in Prvidence, Rhde Island, Rbert E. Lee, a middle schl principal, invited a rabbi t speak at his schl's graduatin ceremny. Daniel Weisman's daughter, Debrah, was amng the graduates. Hping t stp the rabbi frm speaking at his daughter's graduatin, Weisman sught a temprary restaining rder in District Curt - but was denied. After the ceremny, where prayers were recited, Weisman filed fr a permanent injunctin barring Lee and ther Prvidence public schl fficials frm inviting clergy t deliver invcatins and benedictins at their schls' ceremnies. When the Curt f Appeals affirmed a District Curt ruling against the schls, Lee appealed t the Supreme Curt and was granted certirari. Cnstitutinal Questin: Des the inclusin f clergy wh ffer prayers at fficial public schl ceremnies vilate the Establishment Clause f the First Amendment? Curt Decisin Yes. In a 5-t-4 decisin, the Curt held that gvernment invlvement in this case creates "a statespnsred and state-directed religius exercise in a public schl." Such cnduct cnflicts with settled rules prscribing prayer fr students. The schl's rule creates subtle and indirect cercin (students must stand respectfully and silently), frcing students t act in ways which establish a state religin. The crnerstne principle f the Establishment Clause is that gvernment may nt cmpse fficial prayers t recite as part f a religius prgram carried n by gvernment. The Oyez Prject, Lee v. Weisman, 505 U.S. 577 (1992), available at: http://www.yez.rg/cases/1990-1999/1991/1991_90_1014/ (last visited Tuesday, August 5, 2008). Abingtn Schl District v. Schempp Facts f the Case The Abingtn case cncerns Bible-reading in Pennsylvania public schls. At the beginning f the schl day, students wh attended public schls in the state f Pennsylvania were required t read at least ten verses frm the Bible. After cmpleting these readings, schl authrities required all Abingtn Twnship students t recite the Lrd's Prayer. Students culd be excluded frm these exercises by a written nte frm their parents t the schl. In a related case -- Murray v. Curlett -- a Baltimre statute required Bible-reading r the recitatin f the Lrd's Prayer at pen exercises in public schls. Murray and his mther, prfessed atheists -- challenged the prayer requirement. Questin Did the Pennsylvania law and Abingtn's plicy, requiring public schl students t participate in classrm religius exercises, vilate the religius freedm f students as prtected by the First and Furteenth Amendments? Cnclusin The Curt fund such a vilatin. The required activities encrached n bth the Free Exercise Clause and the Establishment Clause f the First Amendment since the readings and recitatins were essentially religius ceremnies and were "intended by the State t be s." Furthermre, argued Justice Clark, the ability f a parent t excuse a child frm these ceremnies by a written nte was irrelevant since it did nt prevent the schl's actins frm vilating the Establishment Clause. The Oyez Prject, Abingtn Schl District v. Schempp, 374 U.S. 203 (1963),available at: <http://www.yez.rg/cases/1960-1969/1962/1962_142/> (last visited Tuesday, August 5, 2008). Created by DUKE LAW ~ www.vicesfamericanlaw.rg 15

Marsh v. Chambers Supreme Curt Decisin Decided: 1983-463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 Chief Justice Burger delivered the pinin f the Curt. The questin presented is whether the Nebraska Legislature's practice f pening each legislative day with a prayer by a chaplain paid by the State vilates the Establishment Clause f the First Amendment. I The Nebraska Legislature begins each f its sessins with a prayer ffered by a chaplain wh is chsen biennially by the Executive Bard f the Legislative Cuncil and paid ut f public funds. Rbert E. Palmer, a Presbyterian minister, has served as chaplain since 1965 at a salary f $319.75 per mnth fr each mnth the legislature is in sessin. Ernest Chambers is a member f the Nebraska Legislature and a taxpayer f Nebraska. Claiming that the Nebraska Legislature's chaplaincy practice vilates the Establishment Clause f the First Amendment,... On the merits f the chaplaincy issue, the [Curt f Appeals fr the Eight Circuit] refused t treat respndent's challenges as separable issues as the District Curt had dne. Instead, the Curt f Appeals assessed the practice as a whle because [p]arsing ut [the] elements wuld lead t an incngruus result. Applying the three-part test f Lemn v. Kurtzman,... the curt held that the chaplaincy practice vilated all three elements f the test: the purpse and primary effect f selecting the same minister fr 16 years and publishing his prayers was t prmte a particular religius expressin; use f state mney fr cmpensatin and publicatin led t entanglement. Accrdingly, the Curt f Appeals mdified the District Curt's injunctin and prhibited the State frm engaging in any aspect f its established chaplaincy practice. We granted certirari limited t the challenge t the practice f pening sessins with prayers by a Stateemplyed clergyman and we reverse. II The pening f sessins f legislative and ther deliberative public bdies with prayer is deeply embedded in the histry and traditin f this cuntry. Frm clnial times thrugh the funding f the Republic and ever since, the practice f legislative prayer has cexisted with the principles f disestablishment and religius freedm. In the very curtrms in which the United States District Judge and later three Circuit Judges heard and decided this case, the prceedings pened with an annuncement that cncluded, Gd save the United States and this Hnrable Curt. The same invcatin ccurs at all sessins f this Curt... On Sept. 25, 1789, three days after Cngress authrized the appintment f paid chaplains, final agreement was reached n the language f the Bill f Rights, J. f the Sen. 88; J. f the H.R. 121. Clearly the men wh wrte the First Amendment Religin Clause did nt view paid legislative chaplains and pening prayers as a vilatin f that Amendment, fr the practice f pening sessins with prayer has cntinued withut interruptin ever since that early sessin f Cngress. It has als been fllwed cnsistently in mst f the states, including Nebraska, where the institutin f pening legislative sessins with prayer was adpted even befre the State attained statehd.. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 16

Standing alne, histrical patterns cannt justify cntemprary vilatins f cnstitutinal guarantees, but there is far mre here than simply histrical patterns. In this cntext, histrical evidence sheds light nt nly n what the draftsmen intended the Establishment Clause t mean, but als n hw they thught that Clause applied t the practice authrized by the First Cngress-their actins reveal their intent. An act passed by the first Cngress assembled under the Cnstitutin, many f whse members had taken part in framing that instrument,... is cntempraneus and weighty evidence f its true meaning... In light f the unambiguus and unbrken histry f mre than 200 years, there can be n dubt that the practice f pening legislative sessins with prayer has becme part f the fabric f ur sciety. T invke Divine guidance n a public bdy entrusted with making the laws is nt, in these circumstances, an establishment f religin r a step tward establishment; it is simply a tlerable acknwledgment f beliefs widely held amng the peple f this cuntry. As Justice Duglas bserved, [w]e are a religius peple whse institutins presuppse a Supreme Being.... III We turn then t the questin f whether any features f the Nebraska practice vilate the Establishment Clause. Beynd the bare fact that a prayer is ffered, three pints have been made: first, that a clergyman f nly ne denminatin-presbyterian-has been selected fr 16 years; secnd, that the chaplain is paid at public expense; and third, that the prayers are in the Jude-Christian traditin. Weighed against the histrical backgrund, these factrs d nt serve t invalidate Nebraska's practice. We, n mre than Members f the Cngresses f this century, can perceive any suggestin that chsing a clergyman f ne denminatin advances the beliefs f a particular church. T the cntrary, the evidence indicates that Palmer was reappinted because his perfrmance and persnal qualities were acceptable t the bdy appinting him. Palmer was nt the nly clergyman heard by the Legislature; guest chaplains have fficiated at the request f varius legislatrs and as substitutes during Palmer's absences... Nr is the cmpensatin f the chaplain frm public funds a reasn t invalidate the Nebraska Legislature's chaplaincy; remuneratin is grunded in histric practice initiated, as we nted earlier, ante, at 3333-3334, by the same Cngress that adpted the Establishment Clause f the First Amendment... The cntent f the prayer is nt f cncern t judges where, as here, there is n indicatin that the prayer pprtunity has been explited t prselytize r advance any ne, r t disparage any ther, faith r belief. That being s, it is nt fr us t embark n a sensitive evaluatin r t parse the cntent f a particular prayer... We d nt dubt the sincerity f thse, wh like respndent, believe that t have prayer in this cntext risks the beginning f the establishment the Funding Fathers feared. But this cncern is nt well funded, fr as Justice Gldberg, aptly bserved in his cncurring pinin in Abingtn: It is f curse true that great cnsequences can grw frm small beginnings, but the measure f cnstitutinal adjudicatin is the ability and willingness t distinguish between real threat and mere shadw. The unbrken practice fr tw centuries in the Natinal Cngress, fr mre than a century in Nebraska and in many ther states, gives abundant assurance that there is n real threat while this Curt sits. The judgment f the Curt f Appeals is reversed. [This pinin has been edited fr pedaggical purpses and internal citatins, ftntes, and page numbers have been mitted.] Created by DUKE LAW ~ www.vicesfamericanlaw.rg 17

Article I, Sectin 13 f the Nrth Carlina Cnstitutin: Nrth Carlina and Legislative Chaplains All persns have a natural and inalienable right t wrship Almighty Gd accrding t the dictates f their wn cnsciences, and n human authrity shall, in any case whatever, cntrl r interfere with the rights f cnscience. A HOUSE RESOLUTION ADOPTING THE PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 2007 REGULAR SESSIONS... RULE 2. Opening the Sessin. At the cnvening hur n each legislative day, the Speaker shall call the members t rder and shall have the sessin pened with prayer. At the cnvening hur n the first day f each legislative week, the Speaker, r the Speaker's designee, shall lead the members in the Pledge f Allegiance t the American Flag... RULE 47. Speaker's Staff; Chaplain; and Pages. (a) The Speaker may 42 appint ne r mre staff members t the Speaker, a Chaplain f the Huse, and pages 43 t wait upn the sessins f the Huse... RULE 49. Cmpensatin f Legislative Assistants. N clerk, cmmittee assistant, legislative assistant, ffice assistant, r ther persn emplyed r appinted under Rules 46, 47, and 48 heref shall receive during such emplyment, appintment, r service any cmpensatin frm any department f the State gvernment, and there shall nt be vted, paid, r awarded any additinal pay, bnus, r gratuity t any f them; but they shall receive nly the pay nw prvided by law fr such duties and services. This rule shall nt apply t emplyment, appintment, r service r t the receipt f cmpensatin r additinal pay, bnus, r gratuity frm anther department f State gvernment between regular sessins f the General Assembly. Chaplain James H. Harry is cnsidered an Officer f the Huse. PERMANENT RULES OF THE REGULAR SESSIONS OF THE SENATE 2007 GENERAL ASSEMBLY OF NORTH CAROLINA... RULE 3. Opening the sessin. The Presiding Officer shall, upn rder being btained, have the sessins f the Senate pened with prayer. Chaplain Mike Mrris is cnsidered an Officer f the Senate. Nthing in the senate rules speaks t the appintment f a chaplain r whether he is paid. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 18

Tip Sheet fr Calitin 1: Thse Senatrs that are supprting Senatr Chambers and want t eliminate the prayer and psitin f chaplain in the Nebraska Legislature There are fur distinct respnsibilities that yu have as a grup in this Special Cmmittee hearing. Each f yu shuld take ne f these tasks and prepare t cmplete it during the cmmittee meeting. Deliver Opening Remarks which utline the argument yu are ging t present t the Special Cmmittee Questin Senatr Chambers abut the prayers that take place in the legislative chambers Questin Reverend Palmer abut the psitin f chaplain and his actins Summarize yur psitin with clsing remarks that emphasize yur strngest arguments fr eliminating the prayer and the psitin f chaplain. Helpful Tips: Think abut the arguments that Senatr Chambers and his attrneys discussed in the vide. Here is ne way in which yu might present yur case t the Special Cmmittee: Begin by arguing that in general, prayer t pen any legislature shuld be uncnstitutinal because this practice, at the very least, endrses sme religin ver n religin at all and this is incnsistent with the First Amendment. Furthermre, even if these prayers are nt uncnstitutinal in general, there are specific facts in this case which make it uncnstitutinal such as: Reverend Palmer, wh is a Prtestant minister, has been selected as chaplain fr 16 cnsecutive years. Als, there has never been a chaplain in the Nebraska Legislature wh was nt a mainstream Prtestant. This shws a type f endrsement f this specific religin. The fact that Revered Palmer was paid with gvernment funds and his prayers were printed at gvernment expense shws that the state is funding religin and this is what the First Amendment was meant t prevent. His prayers (which yu may want t distribute t the Special Cmmittee) endrse Christian values ver ther religins and this is Nebraska expressing a preference fr Christianity ver ther religins, which vilates the First Amendment. When questining Senatr Chambers, try t elicit hw the prayer makes him feel and that in his mind it shws an endrsement f religin. When questining Reverend Palmer, attempt t find ut what he thinks his rle is and hw he views religin in the legislature. Was he trying t be religius? When presenting the clsing remarks, be brief and quickly summarize yur main arguments which favr eliminating the psitin f chaplain and beginning legislative sessins with a prayer. Prcedure f the cmmittee meeting: The Cmmittee Chairman (wh will als serve as the time keeper) shuld call the meeting t rder, explain the purpse f the meeting, and prceed in the fllwing rder: Opening statement f Calitin 1 (Three minute limit) Opening statement f Calitin 2 (Three minute limit) Questining f Senatr Chambers by Calitin 1 (Five minute limit) Questining f Senatr Chambers by Calitin 2 (Five minute limit) Questining f Reverend Palmer by Calitin 1 (Five minute limit Questining f Reverend Palmer by Calitin 2 (Five minute limit) Clsing remarks f Calitin 1 (Five minute limit) Clsing remarks f Calitin 2 (Five minute limit) After the clsing remarks, the members f the Cmmittee, including the Chairman and thse Senatrs wh advcated n bth sides, shuld have a discussin abut what recmmendatin they will give t the full Senate. This shuld cnclude with a vte in which each member vtes t recmmend either keeping the chaplain and prayer r ablishing the practice. Created by DUKE LAW ~ www.vicesfamericanlaw.rg 19