Religion and the Supreme Court

3 Credits · Level: Undergraduate

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” are the words the Supreme Court of the United States has to guide to address questions of religion. Can the government give public tax money to religious schools? Can teachers and students be required by law to participate in a prayer meant to unite Americans? Are there any circumstances in which a law can prevent a religious person from practicing their religion? In considering the role of the Court in deciding these issues and many others, theoretical questions arise: If religion is to be protected, who is to decide what religion is - the Court, the majority of the American people, or some other means? What guidance did the ‘founders’ give on these questions and what role does or should their perspectives play in contemporary Religion Clause debates? If the religious landscape shifts or the Justices who sit on the Court shift or the nation’s problems shift, do and/or should the Court’s opinions shift as well? This course is designed to introduce students to these questions as well as the role that the Supreme Court has played in attempting to address them. While this course will focus primarily on historical First Amendment Establishment and Free Exercise Clause cases, this is not a constitutional law course. The aim of this American Studies course is to give students an appreciation for the actual and symbolic role of the Court in shaping how the nation approaches and manages conflicts and issues related to religion in American public life. The final research project is designed to give American Studies students practice in shaping and conducting an interdisciplinary research project with primary and secondary sources. This will help prepare students for the processes involved shaping an American Studies senior thesis project.