First Amendment · WikiFramers

Freedom of Religion · Module 9A

The Establishment Clause, Part II

The modern battlegrounds — aid, religious symbols, and the history-and-tradition turn that displaced Lemon outright.

Assigned reading

Chemerinsky, Constitutional Law (7th ed. 2023) — 1548–1628.

The casebook is the assigned text for this course. This page is the map: what the Module is doing, in what order, and what goes with it.

Topics

Religion and the schools: prayer, curriculum and released time. Aid to religious institutions and school choice. The intersection of the two religion clauses; play in the joints and its narrowing. Religious exemptions from generally applicable law as an establishment problem.

Reading list

0 of 10 readings published · the rest are in preparation and will appear here as they are edited

  1. Opinion Engel v. Vitale in preparation
  2. Opinion Abington School District v. Schempp in preparation
  3. Opinion Lee v. Weisman in preparation
  4. Opinion Santa Fe Independent School District v. Doe in preparation
  5. Opinion Edwards v. Aguillard in preparation
  6. Opinion Zelman v. Simmons-Harris in preparation
  7. Opinion Locke v. Davey in preparation
  8. Opinion Trinity Lutheran Church v. Comer in preparation
  9. Opinion Espinoza v. Montana Department of Revenue in preparation
  10. Opinion Carson v. Makin in preparation

This module in Canvas

Modules · Quizzes · Discussion boards · Files and recordings

How to read this list

A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.