RELIGION AND THE CONSTITUTION

Required Reading: Assignments are generally from the Religion and the Constitution casebook (Volumes I and II) (4th edition, 2009).  The casebook was prepared by the instructor and will be on sale in the bookstore. Additional online material is included in several assignments.

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."

NOTE:  THIS IS A PARTIAL LIST OF ASSIGNMENTS.  IT WILL BE UPDATED PERIODICALLY TO ADD MORE ASSIGNMENTS TO THE LIST AS THE SEMESTER PROGRESSES.

1. Establishment Clause-The Early Cases
pages 1-13 (Everson v. Board of Education)

2. pages 14-38 (McCollum; Zorach v. Clauson; Engel v. Vitale)

3. pages 38-68 (Schempp; Allen; Walz v. Tax Commission)

4. Standing to Challenge Establishment Clause Violations
pages 69-99 (Flast v. Cohen; Valley Forge Christian College, Hein v. Freedom From Religion Foundation, Inc.)

5. Arizona Christian School Tuition Organization v. Winn
Pages 99-111 (ACLU v. Raban County Chamber of Commerce; Zielke)

6. Financial Aid to Elementary and Secondary Parochial Schools
pages 117-146 (Lemon; Nyquist; Levitt)

7. pages 146-176 (Sloan; Meek v. Pittinger; Wolman v. Walter; Comm. for Public Education v. Regan)

8. pages 176-202 (Mueller v. Allen; Grand Rapids v. Ball; Aguilar v. Felton)

9. Institutions of Higher Education and Religious Grant Recipients
pages 203-236 (Tilton; Roemer; Witters; Bowen v. Kendrick)

10. Financial Aid Revisited: 1993 to the Present
pages 237-259 (Zobrest; Agostini)
    
11. pages 259-306 (Mitchell v. Helms; Zelman v. Simmons-Harris)

12. Religion in the Public Schools
pages 307-326 (Epperson; Stone v. Graham; Widmar; Mergens; Lamb's Chapel)
    
13. pages 326-355 (Wallace v. Jaffree; Edwards v. Aguillard)

14. pages 356-386 (Lee v. Weisman; Rosenberger)

15. pages 387-420 (Santa Fe Indep. Sch. Dist. v. Doe; Good News Club; Newdow)

16. Intrusion of Religion into our Civic Life
pages 421-451 (McGowan; Grendel's Den; Marsh v. Chambers; Lynch v. Donnelly)

17. pages 452-493 (County of Allegheny; Capitol Square Review Board v. Pinette; Van Orden v. Perry)

18. pages 494-520 (McCreary County v. ACLU of Kentucky; Pleasant Grove City v. Summum)
Salazar v. Buono
Utah Highway Patrol Association v. American Atheists, Inc.

19. Discrimination against Particular Religions and Preferential Treatment of Religions
pages 526-548 (Larson v. Valente; Hernandez; Estate of Thornton; Amos)
Preferential Treatment of Religions
pages 558-572 (Kiryas Joel)
Free Exercise of Religion - What is a Religion?
pages 580-600 (Malnak v. Yogi; Kuch; Africa v. Pennsylvania)

20. Protection for Sincerely Held Religious Beliefs
pages 601-606 (United States v. Ballard)
The Belief/Action Dichotomy
pages 617-618 (Reynolds v. United States)
Free Exercise Challenges to Denial of Government Benefits
pages 637-649 (Sherbert; Thomas)
pages 651-652 (Frazee)
Claims to Special Treatment Based on Religion
pages 653-663 (Yoder; Lee)

21. Claims to Special Treatment Based on Religion
pages 667-681 (Goldman; Bowen v. Roy)
Free Exercise Since 1990: Case Law and Statutory Developments
pages 695-725 (Smith; Church of the Lukumi Babalu Aye; Locke v. Davey; RFRA)
pages 731-739 (RLUIPA; Cutter)
  

Attendance Policy

Attendance Policy: ABA Standard 304(d) requires “regular and punctual” class attendance. To implement this policy, students will be required to initial an attendance sheet for each class. Failure to initial the attendance sheet will be counted as an absence. Students must initial the attendance sheet for themseleves. Asking another student to write your initials on the sheet when you are absent in order to falsely indicate presence in class is a violation of the Honor Code. Students who are absent from more than 20% of regularly scheduled classes (more than 6 classes) will be administratively withdrawn from the course. Students who miss 5 classes will be sent a warning letter by email alerting them to the fact that they are in danger of administrative withdrawal. 

Grading (Exam and Points for Class Participation)

There will be a three-hour open book final examination. You will be required to bring the casebook to the exam and you will be permitted to bring all other printed or written materials you wish as well.    

Up to three points will be added to the final grade for class participation.  Participation, including both voluntary and involuntary participation, will be evaluated based on both quality and quantity with the scales weighted more heavily in favor of quality. Involuntary participation will be structured by assigning rotating panels of students principal responsibility for the material covered in each class.