RELIGION & POLITICS IN AMERICA, SPRING 2011

THE SUPREME COURT AND CONSTITUTIONAL QUESTIONS, DAY 3

BKH 9.6 through 9.11

Free exercise cases: Cantwell v. Connecticut, Sherbert v. Verner, Employment Division v. Smith

Establishment cases: Lemon v. Kurtzman, Zelman v. Simmons-Harris, Locke v. Davey

Monday, February 28

For today’s class, we will divide into three groups of five, or two groups of six or seven (depending on today’s attendance). Each group of students will function as a Supreme Court. Each Supreme Court will consider the three free exercise cases together, then the three establishment cases together.

FREE EXERCISE CASES

Be sure you understand why the Supreme Court ruled in favor of Cantwell – why is the free exercise clause interpreted to support Cantwell’s right to articulate his religious message on a public street?

Then discuss and vote on the next two cases, with reasoning behind your decisions. Use the Constitution, the material we have discussed in the last week, and/or your own policy preferences to reach your rulings.

ESTABLISHMENT CLAUSE CASES

Be sure you understand the Lemon test and the reasons why it is used in Lemon v. Kurtzman to strike down the Pennsylvania and Rhode Island programs under consideration in that case – why do these programs violate the Establishment Clause?

Then discuss and vote on the next two cases, with reasoning behind your decisions. Use the Constitution, the material we have discussed in the last week, and/or your own policy preferences to reach your rulings.