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Transcript of RL 5-Student Program
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Educating Young People about the Constitution
www.BillofRightsInstitute.org
Religious Liberty:The American Experiment
Lesson 5Religious Liberty and the Supreme Court
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OverviewThe U.S. Supreme Court fulfills its constitutional role bydeciding cases arising under the U.S. Constitution.Its rulings guide the federal court system and affect the lives ofevery American. The meaning of the FirstAmendments protection of freedom of religion has been
debated and reinterpreted by the Court. Originally,Bill of Rights protections only applied to the federalgovernment, but many were later incorporated by theSupreme Court to the states through the FourteenthAmendment. With state governments limited by the
First Amendments religious liberty protections, courtchallenges to state laws by those who believe theirreligious rights have been infringed have increasedas hasdebate about the amendments scope and limits.Because public schools are government-funded, they are oftenthe focus of Establishment Clause cases.
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[T]he only foundation for a useful education in arepublic is to be laid in RELIGION. Without this,there can be no virtue, and without virtue there can beno liberty.
Benjamin Rush, Thoughts upon the
Mode of Education Proper in a Republic, 1786
A union of government and religion tends to destroygovernment and degrade religion.
Supreme Court Justice Hugo Black, Engel v.Vitale, 1962
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Learning Goals Understand how the doctrine ofIncorporation broadened the applicationof the First Amendment.
Understand the facts of landmarkEstablishment Clause Supreme Court cases.
Evaluate arguments about the scope ofthe Establishment Clause.
Assess the Supreme Courts interpretationsof the First Amendment with respect toreligion in public schools.
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Religious Liberty and the Supreme Court
Read thebackgroundinformationdocumentReligious Libertyand the SupremeCourt
Answer theCritical Thinkingquestions
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Religious Liberty and the Supreme Court
Religious Liberty and the SupremeCourt Critical Thinking Questions:
1. How does the First Amendment protect freedom of religion?
2. Why did the Supreme Court begin hearing more FirstAmendment-related cases after the 1940s?
3. How has the Supreme Court interpreted the First Amendment
with respect to religion in public schools?
4. How might another right protected by the FirstAmendmentfreedom of speechpotentially apply in cases of
religion and public schools?
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Document A: Read the key questions below. Decide (or get assigned) which questionyou wish to prove.
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Scaffolding Questions
Students should work in groups on
Document B to consider the documentsand their scaffolding questions below eachdocument.
Each group should write down theiranswers in Document C.
Group 1: Documents A, B, C
Group 2: Documents D, E
Group 3: Documents F, G, H
Group 4: Documents I, J
Group 5: Documents K, L
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Document Analysis-Document C
Report on your discussion:
One person from eachgroup should share theiranswers with the class.
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Religious Liberty and the Supreme Court
After Completing Document C, Discus thefollowing as a class:
Explain how the scaffolding questionsmay be useful in helping studentsunderstand the document.
After reviewing the documents, has youropinion about the Key Questionschanged?
How do these document help studentsunderstand how issues of Religious
Liberty are dealt with by the SupremeCourt.
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HomeworkStudents should write a detailed outline and/or their essay in response to the Key
Question. Students should not try to predict a correct answer, or predict what theCourt would likely do. Rather, students should evaluate each document and developtheir own reasoned argument(s).
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ExtensionsStudents should read The Guidance on Constitutionally Protected Prayer in
Public Elementary and Secondary Schools published by the U.S. Department of Education.Students should then compile a list of questions they have regarding the relationshipbetween church and school. Students should write a letter to the appropriate officialwith their questions or consult with your school districts legal counsel for answers.www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html
Option: Have half the class write a response to each of the two scenarios, then havestudents pair up to discuss the differences between scenarios. Then have each pairanswer the following questions: 1)List two ways the scenarios differ. 2)Are thesedifferences significant enough to change their constitutional implications?
Religious Liberty and the Supreme Court
