CONSTITUTIONAL LAW
W.B. Fisch Fall 2006

Assignment #46

[Ch. 17. RELIGION AND THE CONSTITUTION

[1. The Establishment Clause

[B. Government Religious Exercises, etc.

2. Religious Speech and Displays on Public Property

MCCREARY COUNTY V. ACLU, Supp. p. 75 (2005). Ten Commandments on an interior wall of the county courthouse, in a sequence of settings.

· Large framed display of King James version, by itself

o Was it invalid under the Lemon test?

o Would the dissents hold it to be valid?

· TC, now surrounded by public documents, all reflecting religious elements

o Was this version, taken by itself, invalid under the Lemon test?

o Would the dissents hold it to be valid?

· TC, now surrounded by public documents some of which have no explicit religious reference

o Would this version, if erected without any of the previous history, have been invalid under the Lemon test?

§ Does it have a secular purpose?

§ In determining whether one exists, what significance is attached to the commentary provided in this display to the TC itself?

o If not, is it appropriate to consider the previous versions and the resolutions authorizing them in evaluating this version?

VAN ORDEN V. PERRY, Supp. p. 89 (2005). Another TC case decided the same day.

· How is this display different from the Kentucky county courthouse displays?

· How many justices thought that the two cases should be decided differently under the Establishment Clause?