the role of religion in american politics 1787-1828: debates in the founding and early us court...

The Role of Religion in American

Politics 1787-1828: debates in the founding and early US Court

opinions

By: Kylie Ann Piercy

My Purpose

• Explain how the history of religion within the United States helped lead to the Separation of Church and State

• Separation of Church and State in America sets the foundation for the Constitution

• Court cases that evolved as a result of the Constitution and Bill of Rights

• What influence these court cases have had on judicial and presidential decisions

Map

-History

-Constitution

-Court Cases

-Contemporary Judicial and Presidential Decisions

-Conclusion

Native ReligionsFour Generalizations to Native American Culture

Map

-History Native Religions

Pluralism Unchurched Evangelical Revivalist Deism

-Constitution

-Court Cases


-Conclusion

No literacy until after European contact

More balanced gender role than Europeans

Existed in a less antagonistic relationship with rest of natural world

Culture and ways of life merge

PluralismMap

-History Native Religions Pluralism

Unchurched Evangelical Revivalist Deism

-Constitution

-Court Cases


-Conclusion

Catholicism

Episcopalians

Protestantism

Anglicanism

Lutheran-Calvinist Mainstream

Radical Reformation

Anabaptists

Western Christianity

Puritanism

Pilgrims

Unchurched

• The biggest group of all of these religions

• Regarded as anyone who do not attend church services at all even for religious holidays

• 1776- Fifteen Percent attended a church on a regular basis

• 1900s- influx of Fifty Percent of people attended church regularly

Map

-History Native Religions Pluralism Unchurched

Evangelical Revivalist Deism

-Constitution

-Court Cases


-Conclusion

Evangelical RevivalistMap

-History Native Religions Pluralism Unchurched Evangelical Revivalist

Deism

-Constitution

-Court Cases


-Conclusion

•Evangelized to the unchurched group of people and contained multiple religions

•Methodists and Baptists

•Presbyterians split into Conservatives and New Light Factions

•Lutheran Pietists split from Lutherans

•Congregationalists broke off Baptists

• http://caffeinatedthoughts.com/2009/08/the-american-evangelical-mind-revivalism/

DeismMap

-History Native Religions Pluralism Unchurched Evengelical Revivalist Deism

-Constitution

-Court Cases


-Conclusion

• “The Laws of Nature and Nature’s God”

•Believed that God created the world but that after creation he left

•Stressed freedom of principles- laws not biased to any religion

• Three Deist founding fathers: Thomas Jefferson, George Washington, and Benjamin Franklin

•Ideas of Deism within the United States foundational legal structure

• http://www.princetonol.com/groups/iad/links/constitution.html

Constitution

Memorial and Remonstrance

• 1874- subscribed by James Madison

• “established provision for teachers of the Christian religion”

• Fighting against a bill that called for the financing of religious activity of a non-discriminatory basis

• Bill was denied

Map

-History

-Constitution Memorial and Remonstrance Jefferson’s Virginia Bill Article VI Bill of Rights Jefferson’s Letter

-Court Cases


-Conclusion

Map

-History

-Constitution Memorial and Remonstrance Jefferson’s Virginia Bill Article VI Bill of Rights Jefferson’s Letter

-Court Cases


-Conclusion

Jefferson’s Virginia Bill of

1786“That to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, it is dangerous fallacy which at once destroys all religious liberty,” and it is declared, “that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order.”

Article VI• “No religious test shall ever be as a

qualification to any office or public Trust under the United States.”

• Example: Presidential Oath to Office

Map

-History

-Constitution Memorial and RemonstranceJefferson’s Virginia Bill Article VI

Bill of Rights Jefferson’s Letter

-Court Cases


-Conclusion http://www.google.com/images/georgewashington

Bill of Rights

• First Amendment– “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 peaceably to assemble, and to petition the Government for a redress of grievances.”

Map

-History

-Constitution Memorial and RemonstranceJefferson’s Virginia Bill Article VI Bill of Rights

Jefferson’s Letter

-Court Cases


-Conclusion

Jefferson’s Letter

• http://www.freeinfosociety.com/article.php?id=271

Map

-History

-Constitution Memorial and RemonstranceJefferson’s Virginia Bill Article VI Bill of Rights Jefferson’s Letter

-Court Cases


-Conclusion

• Phrasing of ‘Separation of Church and State’• Letter to Danbury Baptist Association

• http://law.marquette.edu/facultyblog/2009/06/01/supreme-court-weighs-in-on-issue-preclusion-in-criminal-cases/

Court Cases

Reynolds v. United States

Map

-History-Constitution

-Court Cases Reynolds v. United States

Everson v. Board of Education of Township of Ewing Lemon v. Kurtzman Elk Grove Unified School District v. Newdow Lee v. Weisman


-Conclusion

• Questioned the Free Exercise of Religion

• Opinion given by Chief Justice Waite

• Holding: “Every person having a husband or wife living, who marries another, whether married or single, in a Territory, or other place over which the United States have exclusive jurisdiction, is guilty of bigamy, and shall be punished by a fine of not more than $500, and by imprisonment for a term of no more than five years…”

Everson v. Board of Education of Township of

Ewing

Map

-History

-Constitution

-Court Cases Reynolds v. United States Everson v. Board of Education of Township of Ewing

Lemon v. Kurtzman Elk Grove Unified School District v. Newdow Lee v. Weisman


-Conclusion

• Questioned Free Exercise and Establishment Clauses

• Opinion given by Chief Justice Black

• Holding: “Neither a state nor a Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another.”

Lemon v. KurtzmanMap

-History

-Constitution

-Court Cases Reynolds v. United States Everson v. Board of Education of Township of Ewing Lemon v. Kurtzman

Elk Grove Unified School District v. Newdow Lee v. Weisman


-Conclusion

Lemon Test

•Establishment of religion now built off of a three prong test

•Opinion given by Chief Justice Burger

Secular PurposeDoes not advance or inhibit religion

Cannot promote and excessive government entanglement with religion

Elk Grove Unified School District v.

Newdow

Map

-History

-Constitution

-Court Cases Reynolds v. United States Everson v. Board of Education of Township of Ewing Lemon v. Kurtzman Elk Grove Unified School District v. Newdow

Lee v. Weisman


-Conclusion

• “Under God” in the Pledge of Allegiance

• Heard by three panel judge

• District Court held that the Pledge did not pass the Lemon Test because it endorsed religion

• 2002-2004 there were continuous appeals

• March 24, 2004 cases dismissed

Lee v. WeismanMap

-History

-Constitution

-Court Cases Reynolds v. United States Everson v. Board of Education of Township of Ewing Lemon v. Kurtzman Elk Grove Unified School District v. Newdow Lee v. Weisman


-Conclusion

• Courts found prayer within extracurricular activities debatable.

• 5-4 decision agreed with Weisman

• Against second prong of the Lemon test

• Prayers are religious in general and against the Establishment Clause

• Santa Fe Independent School District v. Doe

• http://www.enchantedlearning.com/history/us/symbols/presidentialseal/

Judicial and Presidential Issues

Judge Moore “Ten Commandments

Judge”• The court testified that the monument

failed on two of the three requirements of the Lemon test, and Moore’s arguments were found very unconvincing

• Chief Justice Moore claimed that by placing into the building he was “acknowledging the law and sovereignty of the God of the Holy Scriptures, and that it was intended to acknowledge ‘God’s overruling power over the affairs of men’.”

• Justice Moore eventually removed from his position also

Map

-History

-Constitution

-Court Cases

-Contemporary Judicial and Presidential Decisions Judge Moore

George W. Bush

-Conclusion

President George Bush’s faith-based initiative

organizations

• George Bush’s proposals asked for religious organizations to “compete for more government contracts and grants without a strict separation between their religious activities and social service programs.”

• Seen as a violation of the right to free speech of many “taxpayers who are now forced to support the spread of ideas they oppose”

Map

-History

-Constitution

-Court Cases

-Contemporary Judicial and Presidential Decisions Judge Moore George W. Bush

-Conclusion

ConclusionMap

-History

-Constitution

-Court Cases


-Conclusion

•The understanding of the structure of religious background is important to understand how Deism played a major part in the ideals that the foundational structure of this country was built on

•As a result of religions imperative role throughout history, there have been many new legislations that had to come about, such as Article 6, First Amendment, and the Bill of Rights

•As a result of different circumstances and the need for revision court cases have evolved and played an influence on not just the populous but also on judicial and presidential decisions.

References• Gunther, Gerald. Constitutional Law: Cases and Materials. 10 th edition. University Casebook Series. Mineola, NY. The Foundation Press, Inc. 1980.• Lippy, Charles H. Christianity Comes to the Americas: 1492-1776. New York, New York. Paragon House. 1992. • Burr, Nelson. A Critical Bibliography of Religion in America. Vol IV. Part 3,4, and 5. Princeton, New Jersey. Princeton University Press. 1961. • Konvitz, Milton R. Bill of Rights Reader: Leading Constitutional Cases. 5th edition. Cornell University Press. Brook Street, London. 1973. Burr, Nelson. A Critical Bibliography of Religion in America. Vol. IV. Part 1 and 2. Princeton University Press. Princeton, New Jersey. 1961.• Hulsether, Mark. Religion, culture and Politics in the Twentieth-Century United States. Columbia University Press. New York. 2007. • Labunski, Richard. James Madison and the struggle for the Bill of Rights. Oxford University Press. New York. 2006.• Epstein, Alex. Capitalism Magazine: Bush’s Faith Based Initiative Is an Assault on the Wall Between Church and State. 9 June 2004. 2010. Ayn Randr Institute. http://www.capitalismmagazine.com/culture/religion/3729-Bushs-Faith-Based-Initiative-Assault-the-Wall-Between-Church-and-State.html• Craig, Edward. Routledge Encyclopedia of Philosophy: Questions to sociobiology. Vol 8. Routledge Inc. New York, New York. 1998.Mount, Steve. “Constitutional Topic: Martial Law.” USConstitution.net. 29 Jun 2010. http://www.usconstitution.net/consttop_reli.html

http://www.capitalismmagazine.com/culture/religion/3729-Bushs-Faith-Based-Initiative-Assault-the-Wall-Between-Church-and-State.html

http://www.capitalismmagazine.com/culture/religion/3729-Bushs-Faith-Based-Initiative-Assault-the-Wall-Between-Church-and-State.html

http://www.usconstitution.net/consttop_reli.html

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