You will write a 5–7-page research paper. The purpose of this assignment is to encourage you to apply all that you have learned in this course to a significant current issue. As a result, you should be able to draw some conclusions about the current state of our constitutional and religious history in the U.S. in the 21st century.
Look at a specific issue in contemporary culture from the vantage point of our constitutional history. Assess where the United States is today in terms of our legal and religious history.
One of the most controversial areas of Supreme Court adjudication lies in its First Amendment decisions. Some of the most convoluted decision-making relates to the Establishment of Religion. Two of the more recent significant cases are Van Orden v. Perry (2005) and McCreary County v. ACLU (2005). Both cases involve controversies centered on religious displays of the Ten Commandments on public property.
Analyze the Van Orden and McCreary cases in light of what you have learned regarding our constitutional heritage in this course.
You will have 2 major sections to your paper:
Part I – Facts of the Cases
For each case, include the following areas:
The Facts of the Case
The Legal Question
The Court’s Decision
The Court’s Rationale that supports its decision
The Rationale of the dissenting Opinions
Part II – Your Informed Analysis of the Cases Based upon Course Material
Analyze what these decisions say about where the United States is today in terms of its Constitutional and religious liberties history.
Your discussion must include, but is not limited to, the following lenses of analysis:
These decisions in light of America’s constitutional history
These decisions in light of the Christian foundations of America
These decisions in light of specific Constitutional principles
These decisions in light of specific methods of Constitutional adjudication
This paper must be 5–7 pages long (excluding the title page and bibliography). You must use current Turabian format, with default margins and 12-pt Times New Roman font.
Answer preview
After various unsuccessful attempts to litigate the matter through the various established district courts and appellate courts in Texas, the Plaintiff, Thomas Van Orden, decided to approach the highest court in the country. The court was locked into a tie vote before Justice Breyer cast the deciding vote to break the deadlock. He chose to side with Justices Scalia, Kennedy, Rehnquist, and Thomas. The majority of the judges agreed with the decisions made by the trial court and other appellate courts that came after. In their judgment, the five judges concurred that Texas’s action did not in any way infringe upon the dictates enunciated under the Establishment Clause of the First Amendment[1].
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