American Constitutionalism in Historical Perspective (packet)

Dissent Brennan/Blackmun: degrades Christianity to intone that it is a secular rather than a sectarian belief. Clearly religious.

Allegheny County v. ACLU, 1989: creche is religious symbol but menorah could be displayed next to statue of liberty, b/c not in religious context. O’Connor endorsement test: if introduce more symbols around religious symbol then becomes more secular.

TEN COMMANDMENTS

1. 
   Stone v. Graham: p. 1561 KY statute unconstitutional b/c req the posting of 10 Commandments in every public schoolroom.
   
2. 
   McCreary County v. ACLU of Kentucky (2005) (supp p.31) 10 Commandments on courthouse walls violates the Anti-Est Clause. This legislative secular purpose must be apparent to an objective observer and predominate over any purpose to advance religion.
   
   1. 
      Majority follows Stone v. Graham, looks at if Commandments were integrated into secular scheme. Display uses quotes of purely religious language & shows a focus on sectarian content. Interprets Anti-Est clause to req Gov’t to stay neutral on rel belief.
      
   2. 
      Dissent: posting of 10 Commandments d/n violate the principle that gov’t c/n favor one religion over another b/c it only represents the public acknowledgement of G-d. Secular purpose: religious documents played a significant role in the foundation of our system of law and gov’t. Secular context: put alongside other documents of secular significance.
      
3. 
   Van Orden v. Perry (2005)(supp p.38) Ant-Est Clause allows display of monument inscribed w/ 10 Commandments on Texas State Capitol grounds. D/n apply Lemon test and looks at the nature of the monument and Nation’s history. Simply having religious content or promoting a msg consistent w/ a religious doctrine d/n violate Est. Clause (d/n need to be neutral just non-endorsing)
   
   1.