THE FIRST AMENDMENT AND RELIGION IN AMERICA PSC 291 Professor Jackson Fall 2017

Similar documents
THE FIRST AMENDMENT AND RELIGION IN AMERICA PSC 291 Professor Jackson Spring 2016

Freedom & The First Amendment Spring, 2005 PSC 291/Rel 297 Professors Green & Jackson

GOD AND THE LAW: THE RELIGION CLAUSES OF THE AMERICAN CONSTITUTION. Antonin Scalia Law School at George Mason University Fall 2016

GOD AND THE LAW: THE RELIGION CLAUSES OF THE AMERICAN CONSTITUTION. George Mason University Law School Fall 2014

INTRODUCTION HOW IS THIS TEXTBOOK DIFFERENT FROM TRADITIONAL CASEBOOKS?...VII ABOUT THE AUTHOR...XI SUMMARY OF CONTENTS... XIII

Political Science 352S. Civil Liberties in the Modern State. Fall Wellesley College

PSC : Civil Liberties Spring 2013 Tuesday and Thursday, 2-3:15 pm Graham 307

Establishment of Religion

The Law of Church and State: U.S. Supreme Court Decisions Since 2002

Lecture: The First Amendment

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Courts and Civil Liberties Pol Sci 344

TUFTS UNIVERSITY. U R B A N & E N V I R O M E N T A L POLICY AND P L A N N I N G L e g a l F r a m e w o r k s of S o c i a l P o l i c y

In the Supreme Court of the United States

The Status of Constitutional Religious Liberty at the End of the Millenium

TUFTS UNIVERSITY. U R B A N & E N V I R O M E N T A L POLICY AND P L A N N I N G L e g a l F r a m e w o r k s of S o c i a l P o l i c y UEP-0215

Religion Clauses in the First Amendment

"[T]his Court should not legislate for Congress." Justice REHNQUIST. Bob Jones University v. United States

Supreme Court of the United States

Government 357(M) THE STRUCTURE OF INDIVIDUAL LIBERTIES

SUPREME COURT OF THE UNITED STATES

SCOTUS Comparison Cases

Hours: MW 12:30-1:30 (office) and by and appointment Phone: ;

No , -1453, -1505, 15-35, -105, -119, -191 In the Supreme Court of the United States

Summary The 111 th Congress has considered issues relating to health insurance for uninsured Americans (e.g., H.R. 3962, Affordable Health Care for Am

PLSC 215: Civil Rights and Liberties in a Diverse Society (Your Rights and Liberties) Honors [AKA The Forbidden Dinner Party Topics]

Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require the State to Maintain Funding Neutrality

Chapter 15 CONSTITUTIONAL FREEDOMS

In the t Supreme Court of the United States

RIGHTS GUARANTEED IN ORIGINAL TEXT CIVIL LIBERTIES VERSUS CIVIL RIGHTS

Andrew R. Lewis. The public perception of the increasing politicization of the judiciary is growing within

IN FAVOR OF RESTORING THE SHERBERT RULE WITH QUALIFICATIONS

fftce of tbe ~ttornep ~eneral

CRS-2 served a secular legislative purpose because the Commandments displays included the following notation: The secular application of the Ten Comma

POL 744: Constitutional Law II Civil Rights. Dr. Carrington Office Hours: M-W 10:00am-11:30am. Assignments

ARTICLE TIERS FOR THE ESTABLISHMENT CLAUSE

The HHS Contraception Mandate vs. the Religious Freedom Restoration Act

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT APPEAL CASE NO

Abandoning the Compelling Interest Test in Free Exercise Cases: Employment Division, Department of Human Resources v. Smith

LEGAL MEMORANDUM. mandate should prevail, vindicating. this nation s cherished right to freedom of conscience.

POS 335 The American Supreme Court. Syllabus Spring 2013

THE AMERICAN CONSTITUTION AND CIVIL LIBERTIES

In the Supreme Court of the United States

TUFTS UNIVERSITY. U R B A N & E N V I R O M E N T A L POLICY AND P L A N N I N G L e g a l F r a m e w o r k s of S o c i a l P o l i c y UEP-0215

GEORGE MASON UNIVERSITY GOVT 420: American Political Thought Summer 2013

Nos , , , 15-35, , , &

IRA C. LUPU. PROFESSIONAL EMPLOYMENT: F. Elwood & Eleanor Davis Professor of Law Emeritus, The George Washington University, June 2012 present.

Supreme Court of the United States

Religious Freedom Restoration Laws and Evolution of Free Exercise Protection. By Amanda Pine *

Supreme Court of the United States

Chapter 5 Civil Liberties Date Period

CIVIL RIGHTS AND CIVIL LIBERTIES. A. Introduction

TABLE OF CONTENTS TABLE OF AUTHORITIES... INTEREST OF AMICUS... 1 SUMMARY OF ARGUMENT... 1 ARGUMENT... 1 CONCLUSION... 4

Case 4:17-cv Document 56-1 Filed in TXSD on 11/30/17 Page 1 of 25 BRIEF OF AMICI CURIAE AMERICANS UNITED FOR SEPARATION OF CHURCH.

In The Supreme Court of the United States

In the Supreme Court of the United States

Nos , , , 15-35, , , IN THE. Petitioners, SYLVIA BURWELL, ET AL., Respondents.

In The Supreme Court of the United States

THE RUTHERFORD INSTITUTE

In the Supreme Court of the United States

Civil Liberties & the First Amendment CIVIL RIGHTS AND CIVIL LIBERTIES

Carl E. Olsen 130 E Aurora Ave Des Moines, Iowa

The Status of State Aid to Religious Schools in Australia and the US: An Update 2015 ANZELA Conference Brisbane, Australia

THE SUPREME COURT OF THE UNITED STATES

In the Supreme Court of the United States

Supreme Court of the United States

e. City of Boerne v. Flores (1997) i. RFRA Unconstitutional f. Court Reversal on Use of Peyote in 2006 B. Freedom of Speech and Press 1.

FINDING A CEILING IN A CIRCULAR ROOM: LOCKE V. DAVEY, FEDERALISM, AND RELIGIOUS NEUTRALITY. Jesse R. Merriam *

Landmark Decisions of the U.S. Supreme Court,

UNITED STATES COURT OF APPEALS

No FIRST BAPTIST CHURCH OF NORTH GREENE, STATE OF NORTH GREENE,

The Need for a Compelling Interest Test on a State Level

Supreme Court of the United States

AP Government Ch. 4 Civil Liberties & Ch. 5 Civil Rights Study Guide Name Date Period

Accommodation, Establishment, and Freedom of Religion

HOBBY LOBBY IN CONSTITUTIONAL WATERS: TWO LIFE RINGS AND AN ANCHOR

Case 2:17-cv WB Document 34 Filed 11/28/17 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

City of Boerne v. Flores: Religious Free Exercise Pays a High Price for the Supreme Court

Supreme Court of the United States

UNITED STATES COURT OF APPEALS

Catholic Legal Perspectives

Caesar's or God's: The Coin of Religious Liberty and Generally Applicable Statutes

UNIT 5: JUDICIAL BRANCH, CIVIL LIBERTIES & CIVIL. Miss DeLong Exam Review RIGHTS

Testimony of Kimberlee Wood Colby Director, Center for Law and Religious Freedom Christian Legal Society

Case 1:18-cv Document 1-6 Filed 07/06/18 Page 1 of 7

Lesson 2 American Government

RLUIPA Defense: Avoiding and Defending RLUIPA Claims. Land Use & Sustainable Development Law Institute Bagels with the Boards CLEs

BUDDY S BAKERY Petitioner. NORTH GREENE HUMAN RIGHTS COMMISSION and ANNE MARIE, Respondents

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

June 25, has secured religious liberty from the invasion of the civil authority. 2

IN THE SUPREME COURT OF THE STATE OF IDAHO. ) BRIEF Defendant/Respondent. ) APPELLANT S SUPPLEMENTAL REPLY BRIEF

SUPREME COURT OF THE UNITED STATES

THE AMERICAN CONSTITUTION AND CIVIL LIBERTIES

Congress, the Supreme Court, and the Battle to Protect Religious Liberty

Health Care Law s Contraception Mandate Reaches the Supreme Court

FREE EXERCISE AND LAWS OF GENERAL APPLICATION INDEPENDENT GAY FORUM NOVEMBER 13, 2016

Antidisestablishmentarianism: The Religion Clauses at the End of the Millenium

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE April 20, Opinion No.

THE UNPUBLISHED FREE EXERCISE OPINION IN JENSEN V. QUARING

STATE HEARING QUESTIONS

Transcription:

THE FIRST AMENDMENT AND RELIGION IN AMERICA PSC 291 Professor Jackson Fall 2017 Required material: All assigned readings are posted in.pdf format on Blackboard. (The.pdf files can be printed on a 2-to-1 basis, if you so desire, conserving paper and ink. This is practical for many of the.pdf files that currently have one printed page per.pdf page, but probably not practical (i.e., legible) for the.pdf files that currently have two printed pages per.pdf page.) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances. --First Amendment to the Constitution of the United States This course is an examination of the special articulation and role of religion in the United States, particularly as expressed in the two religion clauses of the First Amendment. We will examine some of the key historical and political antecedents to the Constitution s formulation of religious freedom, and we will read closely and critically key decisions (usually, but not exclusively from the Supreme Court of the United States) that have shaped, and continue to shape, the application of the First Amendment s construct to American civil and social life. Work for the course will consist of regular class attendance and participation, a short mid-term paper and a final essay. (Students who are taking this for Political Science writing [PSC 291W] should meet with me at the end of the first class on September 5 th to discuss writing requirements that will be in lieu of the short mid-term paper and final essay.) September 5 Overture Richard Posner, Faith-Based Morality and Public Policy (and related material), http://leiterreports.typepad.com/blog/2004/12/ 1

Stanley Fish, Liberalism and Secularism (2007), http://fish.blogs.nytimes.com Biblical Antecedents & Early Christianity: Covenant and Separation William S. Green & Gary Porton, Religious Resources for Political Culture: The Case of Judaism, in J. Neusner, ed., Religion and the Political Order: Politics in Classical and Contemporary Christianity, Islam, and Judaism (Atlanta, Scholars Press, 1996), pp. 109-20 Exodus 19-20; Exodus 24; Exodus 31; Deuteronomy 17:14-20; Judges 8:22-23, 9:1-15; I Samuel 8; Daniel 2-3; Matthew 22:15-21 Bruce Chilton, Primitive and Early Christianity, in J. Neusner, ed., God s Rule: The Politics of World Religions (Georgetown U. Press, 2003), pp. 37-60 September 12 Europe & Christianity: Persecution to Toleration Harold J. Berman and John Witte, Jr., Church and State, The Encyclopedia of Religion 3, pp. 489-95 William S. Green, Religion and Society in America, in J. Neusner, ed., World Religions in America: An Introduction [Revised and Expanded Edition] (Westminster/John Knox Press, 2000), pp. 246-55 Perez Zagorin, How the Idea of Religious Toleration Came to the West (Princeton U. Press 2003), pp. 1-13 John Noonan, Jr. & Edward Gaffney, Jr., Religious Freedom: History, Cases, and Other Materials on the Interaction of Religion and Government (Foundation Press 2001), pp. 117-31 (hereafter, Noonan & Gaffney ) Charter of Rhode Island and Providence Plantations (1663) Noonan & Gaffney, pp. 131-37 [see above] John Locke, A Letter Concerning Toleration (1689) Bernard Lewis, What Went Wrong: Western Impact and Middle Eastern Response (Oxford U. Press, 2002), pp. 96-116 September 19 The Colonial Experience & Constitutional Development John Witte, Jr. & Joel A. Nichols, Religion and the American Constitutional Experiment (Westview Press, 3rd ed. 2011), pp. 21-40 (hereafter Witte & Nichols ) Noonan & Gaffney, pp. 158-65 Thomas Jefferson, Notes on Virginia (Query XVII) (1784) Noonan & Gaffney, pp. 169-73 2

James Madison, A Memorial and Remonstrance Against Religious Assessments (1785) Noonan & Gaffney, pp. 178-200 George Washington, First Inaugural Address (1789) Congressional Resolution: Day of Thanksgiving (1789) George Washington, Farewell Address (1796) Thomas Jefferson, Letter to the Danbury Baptists (1802) James Madison, Detached Memoranda (circa 1817) September 26 The American Experience Through the Application of the First Amendment to States Noah Feldman, Divided by God: America s Church-State Problem and What we Should do About It (Farrar, Straus and Giroux 2005), pp. 53-56 (hereafter Feldman, Divided by God ) People v. Ruggles, 8 Johns. R. 290 (NY 1811) Barnes v. First Parish in Falmouth (Mass. 1810) (Noonan & Gaffney, pp. 222-31) Alexis de Tocqueville, Democracy in America (Book I, Chapter XVII) (1835) Witte & Nichols, pp. 118-22 & 130 Reynolds v. United States, 98 U.S. 145 (1879) * Note on Cleveland v. United States Pierce v. Society of Sisters, 268 U.S. 510 (1925) Cantwell v. Connecticut, 310 U.S. 296 (1940) *Note on Murdock v. Commonwealth of Pennsylvania October 3 Free Exercise at the Supreme Court Sherbert v. Verner, 374 U.S. 398 (1963) * Note on McGowan v. Maryland and Braunfeld v. Brown * Note on Wisconsin v. Yoder * Note on United States v. Lee Employment Division, Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990) * Note on Church of Lukumi Babalu Aye, Inc. v. Hialeah * Note on City of Boerne v. Flores and Historical Analysis of Free Exercise Congress Enters the Fray Religious Freedom Restoration Act of 1993 * Note on City of Boerne v. Flores and Section 5 of the 14 th Amendment 3

* Note on Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal Religious Exemption Law Map of the United States Religious Land Use and Institutionalized Persons Act of 2000 *Note on Cutter v. Wilkinson Free Exercise and Corporations Burwell v. Hobby Lobby Stores, Inc., 573 U.S. (2014) October 10 No class (Fall break) October 17 No class (Work on Mid-Term Paper) October 24 Mid-Term Paper Due (half-class) Religion and its Exercise United States v. Seeger, 380 U.S. 163 (1965) October 31 Perspectives on the Free Exercise of Religion Martha Nussbaum, Liberty of Conscience: In Defense of America s Tradition of Religious Equality (Basic Books 2008), pp. 116-20, 151-58, 164-74 (hereafter Nussbaum, Liberty of Conscience ) Kent Greenawalt, Religion and the Constitution Volume I: Free Exercise and Fairness (Princeton University Press 2006), pp. 124-56 Paul Horwitz, The Hobby Lobby Moment, 128 Harv. L. Rev. (2014), pp. 154-189 Thomas v. Review Board, 450 U.S. 707 (1981) *Note on United States v. Ballard November 7 The Establishment Clause and State Aid to Religious Schools Feldman, Divided by God, pp. 57-71, 86-92 [see September 26] Everson v. Bd. of Education, 330 U.S. 1 (1947) Lemon v. Kurtzman, 403 U.S. 602 (1971) Zelman v. Simmons-Harris, 536 U.S. 639 (2002) 4

Tax Exemptions to Religious Organizations Walz v. Tax Comm. of the City of New York, 397 U.S. 664 (1970) Standing and the Ability to Challenge Monetary Aid *Note on Taxpayer Standing November 14 Prayers, Pledges, and the First Amendment West Virginia State Bd. of Education v. Barnette, 319 U.S. 624 (1943) Lee v. Weisman, 505 U.S. 577 (1992) Town of Greece v. Galloway, 572 U.S. (2014) *Note on Newdow v. Rio Linda Union School District Commandments and Symbols Stone v. Graham, 449 U.S. 39 (1980) Allegheny County v. Greater Pittsburgh ACLU, 492 U.S. 573 (1989) November 21 Commandments and Symbols (cont.) Van Orden v. Perry, 545 U.S. 677 (2005) (including Appendix ) McCreary County v. ACLU of Kentucky, 545 U.S. 844 (2005) Witte & Nichols, pp. 231-34 Religious Speech and the Establishment Clause Widmar v. Vincent, 454 U.S. 263 (1981) Good News Club v. Milford Central School District, 533 U.S. 98 (2001) *Note on Faith Center Church Evangelistic Ministries v. Glover *Note on Christian Legal Society v. Martinez Exercise vs. Establishment Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. (2017) *Note on Locke v. Davey Exercise and Establishment Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. (2012) *Note on Bob Jones University v. United States 5

November 28 Academic Views on the Supreme Court and the Religion Clauses Michael W. McConnell, Religious Freedom at a Crossroad, 59 U. Chicago Law Review (1992), pp. 115-94 Kathleen M. Sullivan, Religion and Liberal Democracy, 59 U. Chicago Law Review (1992), pp. 195-223 Noah Feldman, A Church-State Solution, NY Times Magazine (July 3, 2005) Andrew Koppelman, And I Don t Care What It Is: Religious Neutrality in American Law, 39 Pepperdine L. Rev. (2013), pp. 1115-1124 Nussbaum, Liberty of Conscience, pp. 225-32 [see October 31] Steven Smith, The Last Chapter?, 41 Pepperdine L. Rev. (2014), pp. 903-936 John Witte, Jr. & Joel Nichols, Come Now Let Us Reason Together ; Restoring Religious Freedom in America and Abroad, 92 Notre Dame L. Rev. 427 (2016) December 5 Work on Final Paper December 12 Papers Due; Concluding Thoughts and Discussion 6