After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

The problems of formulating a legal definition of religion as used in the U.S. Constitution may be traced through the Supreme Court's interpretation of the word. According to the U.S. Constitution, religious tests cannot be required for any office or public trust under the central government. The Bill of Rights states that the national government…

Argues for a substantial neutrality test to replace the absolute separation form of the tripartite test in construing and applying the establishment clause of the First Amendment. Available from Harvard Society for Law and Public Policy, Inc., Langdell Hall, Harvard Law School, Cambridge, MA 02138; $4.00 per issue. (Author/IRT)

Presents a lesson which has students examine constitutional guarantees regarding freedom of religion. The lesson uses key U.S. Supreme Court cases, the Constitution, and the Northwest Ordinance to involve students in examining the issue of prayer in public schools. (JDH)

This report analyzes recent cases and legislation in the area of church-state separation. A brief introduction asserts that the Supreme Court's method of evaluating establishment clause controversies is undergoing pervasive changes that have permitted incursions on establishment principles. The rest of the paper, providing support for this…

The author demonstrates why he thinks the Supreme Court has misinterpreted the First Amendment of the U.S. Constitution. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The author claims that the Supreme Court, based on flawed reading of the…

This report provides an overview of church-state conflict incidents that occurred in the United States from September 1990 through August 1991. The report was compiled by Americans United for Separation of Church and State, an organization concerned with the potential erosion of the First Amendment's requirement of separation of church and state.…

Discusses traditional concepts of tradition, religion, commerce, and family life. Points out innovative philosophies held by the Founding Fathers which shaped the Constitution. The subsequent moral revolution needs to be reconsidered in light of the Founding Fathers' intent. (PS)

Discusses the changes in American thinking and tolerance between the founding of the Massachusetts Bay Colony and the writing of the Constitution. Concludes that the right to pursue happiness allows everyone to personally define happiness. The government that secures that right will leave people alone to do as they wish. (PS)

Senate Joint Resolution 2 calls for an amendment to the U.S. Constitution to allow voluntary silent prayer or reflection in public schools. The hearing report consists of testimony on the proposed legislation by expert witnesses, prepared statements by various individuals and organizations, and newspaper article reprints and Supreme Court opinions…

Implications and ramifications of the religion clauses of the First Amendment are examined. Supreme Court rulings of the last six years concerning many issues, including government and privately sponsored nativity scenes in public places, public aid to parochial schools, and equal access of religious groups to public school facilities, are…

The disestablishment of religion in our constitutional order has encouraged an extraordinary proliferation of religious sects and religious doctrines that has made sectarian repression seem impractical. Discusses advantages and disadvantages of this trend for the nation. (PS)

The First Amendment to the U.S. Constitution prohibits government (which includes public schools) from imposing religious beliefs and practices in schools. Examines court decisions interpreting the First Amendment, distinguishes state action from private action, and explains the notion of "limited open forum" with regard to…

Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the…