Original Intent Chapter 1 Religion and the Courts

Question 1

1) In what two ways has the Supreme Court amassed control over religion?

Answer 1

1. By discarding the traditional limitations of the religion clauses of the 1st Amendment.
2. By adopting the phrase “separation of church and state” and imputing a non-historic meaning to the phrase.

Question 2

2) In recent decades, what do courts cite more, the 1st Amendment or the separation metaphor?

Answer 2

In recent decades, the 1st Amendment was cited by courts in less than 3,000 cases while the separation metaphor was cited in over 4,000.

Question 3

3) When did the separation metaphor become the contemporary standard for judicial policy?

Answer 3

In the 1947 Everson v. Board of Education case.

Question 4

4) Against whom does the 1st Amendment place prohibitions?

Answer 4

The Amendment places prohibitions only against the federal Congress, not the States, communities, schools, or individuals.

Question 5

5) Which of the activities currently restricted represents any violation of the actual wording of the 1st Amendment?

Answer 5

None of the activities currently restricted represents any violation of the actual wording of the 1st Amendment.

Question 6

6) What is the Court’s new interpretation of “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”?

Answer 6

“Congress” means student, citizen, teacher, soldier, school, community etc.
“make no law” means “not express one’s faith in a public arena.”
“establish” religion means “allow” religion
“an establishment of religion” means “to express one’s formerly constitutionally-protected ‘free exercise of religion’ in an official public forum or arena”

Question 7

7) How has the federal judiciary expanded its role?

Answer 7

By coupling the 1st and 14th Amendments.

Question 8

8) What has resulted from the Court’s coupling of the 1st and 14th Amendments?

Answer 8

The 1st Amendment now restricts state and local governments not just the federal Congress.
The 14th Amendment now federalizes religious expression as well as racial civil rights.

Question 9

9) What is the acrostic for the First Amendment, Separation Metaphor, and 14th Amendment?

Answer 9

Diligence and commitment steadily promote wisdom, integrity, excellence, and resourcefulness.