The Supreme Court, the establishment clause, and the First Amendment.

Supreme Court;Establishment Clause;First Amendment;Religion;Founding Fathers

William Lorigan, 1976-

University:University of Louisville

Department:History

关键词: Supreme Court;    Establishment Clause;    First Amendment;    Religion;    Founding Fathers;   

Others  :  https://ir.library.louisville.edu/cgi/viewcontent.cgi?article=1856&context=etd

美国|英语

来源: The Universite of Louisville's Institutional Repository

【 摘 要 】

This study examined the faiths of select Founding Fathers, the religious context of their time, and six Supreme Court decisions concerning religion, to highlight the inconsistencies found within the Supreme Court's jurisprudence covering cases concerning religion. Through an examination of the religious practices of the Founding Fathers, it became evident that their views on religion, and how religion should be observed, were as diverse as they were. An examination of the Supreme Court's jurisprudence concerning religion reflects a very confusing and inconsistent application of the First Amendment, including the Court's inability to formulate a test that can be consistently applied to cases concerning religion. Through the examination of the Founding Fathers and the Supreme Court's decisions concerning religion, it became apparent that the Supreme Court needs to find a way to examine religious cases that is consistent with the Court's jurisprudence and the principles of the First Amendment.