LEST 401
RELIGION, LAW, AND POLITICS
WINTER
2006
Joan DelFattore
Class hours: MW 4-8
062 Memorial Hall
Office hours: By appointment
831-2987 (office)
E-mail: jdel@udel.edu
737-7124 (home and fax)
Homepage: www.english.udel.edu/jdel
DESCRIPTION
Participants in this course will:
• explore the historical developments, constitutional
principles, and evolution of
ideas underlying current disputes over
church/state relations in the U.S.
• discuss a variety of specific church/state issues, such
as religious objections to instructional materials, government-sponsored displays
of religious artifacts, laws prejudicial to certain religions (e.g., prohibitions
on polygamy or animal sacrifice), and public mockery of religious figures.
• engage in an in-depth consideration of church/state
disputes in the public schools, such as prayer at sporting events, graduation
invocations, religious clubs, and Bible classes
• apply this information to an independent research project
in which students will demonstrate both an understanding of a particular aspect
of church/state relations and an ability to relate that topic to the larger
themes of the course.
TEXTS
First Amendment: Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances.
Joan DelFattore, The Fourth R: Conflicts Over Religion in America’s
Public Schools (Yale,
2004).
Arthur Miller, The Crucible, any paperback edition.
Students will also be required to access Supreme Court decisions and other
material online and print it out. Students who do not have their own
computers, printers, and Internet access are welcome to use any of the computing
sites on campus.
ATTENDANCE POLICY
Short Version: If I’m here, you’re here.
Long Version: The schedule for this class involves a tradeoff.
On the one hand, students receive
three credits for a class that meets only twice a week for five weeks.
On the other hand, each class meeting is four hours long, which means that
missing even one of them is comparable to missing more than a week of classes
in a regular semester. Absences will therefore be excused only in cases
of serious illness or family emergencies. Car trouble, arguments with
significant others, hangovers, social events, ennui, the need to catch up
on work or sleep, appearances on the Jerry Springer Show, or abduction by
creatures from another planet are not justifications for excused absences.
(Students may argue that the last two are redundant.) Moaning about
the four-hour periods is optional but immature, since they are part of an
arrangement whose benefits you are also enjoying. Arriving late and
leaving early are not options except under unusual circumstances.
To avoid a lot of grief, please do not remain in this course if your work
schedule, ride home, or social life will not allow you to meet these standards.
You will lose four points from your final grade for each unexcused absence,
and if an oral report was due that day, you will not have the option of making
it up at another time.
GRADING
Five written/oral assignments @ 7 points each:
35 points
Quiz:
7 points
Final paper:
30 points
Class participation:
28 points
Note: Students will lose three points from the class participation
grade for each unexcused absence (see the attendance policy, above).
Students who are repeatedly unprepared for class discussion will be warned
if additional class participation points are about to be deducted for that
reason. Otherwise, students who come to class and are prepared for the
discussion may assume that you will receive the full 28 points.
All work written outside of class must be typed. Handwritten work
will not be accepted.
No assignment in this course is intended merely to be handed in to the instructor.
The written/oral assignments due in most class periods will be shared in-class
as part of that day’s activities. For this reason, students who hand
in written work after an unexcused absence will receive no more than 3 out
of the possible 5 points for the assignment.
Final grade: 95-100 = A, 90-94.5 = A-, 87-89.5 = B+, 83-86.5 = B,
80-82.5 = B-, 77-79.5 = C+,
73-76.5 = C, 70-72.5 = C-, 67-69.5 = D+, 63-66.5 = D, 60-62.5 = D-, 0-59.5
= F
ACADEMIC HONESTY
The university’s academic honesty policy, available at http://udcatalog.udel.edu/general/undergrad/ugregs.html#honest,
will be applied in this course. Please be sure you’re familiar with
it. In particular, please note that if you print material from the Internet
or copy it from a printed work, the source of that material must be clearly
indicated. If it isn’t, and I find it (not impossible, as I’ve been
researching and teaching this topic for many years), you will fail the course
and be subject to sanctions imposed by the Office of Judicial Affairs.
COURSE EVALUATIONS
In the last week of classes, students will be asked to log on to http://www.udel.edu/course-evals
and fill out an online course evaluation. All students are expected
to do this as part of the course requirements.
ADA STATEMENT
Students with disabilities should contact the University of Delaware’s Office
of the ADA for information regarding possible accommodations. See the
ADA Policy at http://www.udel.edu/ADA/Stu/stu.html for more information.
It is the student’s responsibility to contact the ADA office to receive support.
SCHEDULE
Wed., Jan. 4: Getting Started
Introduction to the course
Introduction to the federal court system
Sign up for a writing assignment for the next class
Assignment for next class:
1. Read “Textbook Controversies Based on Content, Values, and Viewpoint,”
http://www.english.udel.edu/jdel/textbooks.html.
2. Write a paper of three to four pages, typed, double-spaced, twelve-point
font, on one
of the following topics:
a. Summarize the controversies involving the Rainbow Curriculum and
Nappy Hair.
What material was being criticized, and why?
b. explain briefly how the states of Texas and California influence the content
of
textbooks that are used nationwide.
c. Go to www.amazon.com. Look up Heather Has Two Mommies,
Daddy’s
Roommate, or
Nappy Hair, and click on “product details.” Scroll down the
page to the editorial reviews (i.e., professional published reviews) and then
to
customer
reviews. Print out any two of the editorial reviews and any six of the
customer
reviews and write answers to the following questions. Are the
professional
reviews you selected generally positive or negative? What are the two
or three
main reasons for either praise or criticism? What about the customer
reviews
– do most people whose comments you read like the book or not? What
are the
main reasons they give for either liking or disliking the book? If
any of the
reviews
you read include really good quotes, please mark them so you can share
them with
the class.
Mon., Jan. 9: Literary and Historical Perspectives 1
Discussion of “Textbook Challenges”
In-class reading and discussion of Heather Has Two Mommies, Daddy’s
Roommate,
and Nappy Hair
Mini-lecture on Mozert v. Hawkins County
Videotape, “Censorship in Our Schools”
Sign up for a writing assignment for next class
Assignment for next class:
1. Read Arthur Miller’s The Crucible.
2. Do one of the following assignments (two or three pages):
a. Go online to Paul Boyer and Stephen Nissenbaum, The Salem Witch Trials
http://etext.lib.virginia.edu/salem/witchcraft/texts/transcripts.html.
This site contains
original court transcripts and other material from the Salem witch trials,
which Miller
used as a primary source for The Crucible. (Because the witch
trials took place in the
17th century, the language is somewhat archaic, but you should be able to
understand
it.) The material is organized in three volumes, alphabetically by the
name of the
accused person. Click on the appropriate volume, scroll down to the
character you
signed up for, and read whatever material appears under that person’s name.
In some
instances, there may be very short documents that don’t seem to make much
sense; feel
free to skip those. Then type one or two pages answering these questions:
* Specifically what was the accused person supposed
to have done – e.g., killed
someone’s cow, bewitched
their crops, pinched them, or what?
* What evidence was offered in support of those
allegations?
* What defense or rejoinder did the accused offer?
* How does the real-life treatment of the accused
witch you selected compare with
Miller’s depiction of that character
in The Crucible?
b. Read Cotton Mather’s
“Memorable Providences, Relating to Witchcrafts and
Possessions,”
http://www.law.umkc.edu/faculty/projects/ftrials/salem/ASA_MATH.HTM.
Summarize the material and explain how it relates
to The Crucible.
c. Read Introduction to the trial of Anne Hutchinson, http://www.pbs.org/wgbh/amex/kids/civilrights/features_hutchison.html
and Trial of Anne Hutchinson, http://personal.pitnet.net/primarysources/hutchinson.html.
Summarize the material and explain how it relates to The Crucible.
This next part is not required, but if you’re interested, the official Salem
town website,
http://www.salemweb.com/guide/witches.htm,
includes pictures of many of the places
mentioned in The Crucible and the witch trials.
Wed., Jan. 11: Literary and Historical Perspectives 2
Discussion of The Crucible
Small-group work to prepare panel presentations on each of the writing assignments
Panel presentations of the Salem transcripts, the Mather essay, and the Hutchinson
trial
Discussion of the contrast between the historical events in Salem and today’s
treatment of church and state
Mini-lecture on the Establishment Clause
Sign up to read an Establishment Clause case to read for the next class:
* Stone v. Graham, p. 195 (Can the Ten Commandments be posted
in public-school
classrooms?);
* Larkin v. Grendel’s Den, p. 281 (Can churches be given veto
power over
licenses to sell alcohol within 500 feet of church property?)
* Marsh v. Chambers, p. 288 (Can Congress and state legislatures
appoint and pay chaplains to pray before legislative sessions?);
* Capitol Square v. Pinette, p. 380 (Can city officials deny
the Ku Klux Klan
the opportunity to erect a cross in a public square generally open to other
displays?);
* Alleghany v. ACLU, p. 338 (Can a county erect its own stand-alone
Nativity scene, and can it permit the display of a cross and a menorah, on
county property?)
Assignment for next class:
1. Google the title of the Supreme Court decision you signed up for,
and read the
decision. Don’t worry about legal technicalities such as whether a plaintiff
has standing
to sue or whether documents were filed on time. Just concentrate on
the main arguments
addressing the government’s involvement with religion.
2.
Answer the following questions in three or four pages:
* Who
sued whom, and why?
* Who
won?
* What
were the two or three most important issues that led to the decision?
* What
did the decision say about each of those issues?
*
Do you agree with the Court’s decision? Why or why not?
Mon., Jan. 16: Martin Luther King Holiday
Wed., Jan. 18: Establishment Clause
Review
of Establishment Clause principles
Small-group
work to prepare panel presentations on the cases read for today
Panel presentations
Wrapup discussion on the Establishment Clause issues represented in these
cases
Mini-lecture on the Free Exercise Clause
Sign up to read a Free Exercise Clause case:
* Wisconsin v. Yoder, p. 466 (Can Amish children be exempted
from truancy
laws because of their religious beliefs?);
* Reynolds v. United States, p. 414 (Can the government compel
Mormon
men to have only one wife, despite their religious belief in polygamy?)
* Oregon v. Smith, p. 483 (Can the government prohibit the ritual
use of
peyote by Native American religious groups?)
* Church of Lukumi Babalu Aye v. Hialeah, p. 502 (Can elected
officials
forbid animal sacrifice for the purpose of discouraging Santarian worship
in
their city?)
Assignment for next class:
1. Google the title of the Supreme Court decision you signed up for,
and read the
decision. Don’t worry about legal technicalities such as whether a plaintiff
has standing
to sue or whether documents were filed on time. Just concentrate on
the main arguments
addressing the government’s involvement with religion.
2. Answer the following questions in three or four pages:
* Who sued whom, and why?
* Who won?
* What were the two or three most important issues that led to the decision?
* What did the decision say about each of those issues?
* Do you agree with the Court’s decision? Why or why not?
Mon., Jan. 23: Free Exercise Clause
Review of Free Exercise principles
Small-group work to prepare panel presentations on the selected cases
Panel presentations
Wrapup discussion on the Free Exercise issues represented in these cases
Mini-lecture introducing The Fourth R
Sign up for readings from The Fourth R
Assignment for next class:
1. Everyone should read Chapter 1.
2. Read either Chapters 2 and 3 (early historical background of strife
over religion in
public schools) or Chapters 5 and 6 (1960s Supreme Court decisions banning
state-
sponsored prayer in public schools)
3. Write a paper (three to four pages) on the topic that corresponds
to the material you
read. The paper should be typed, double-spaced, and approximately three
or four
pages long. If you need a little more space, feel free to go over onto
a fifth page.
a. If you read Chapters 2 and 3, briefly explain
the conflict between the nativists
and the Catholic immigrants. Your paper should make it clear what the
nativists
wanted the Catholics to do, and why; and what the Catholics wanted to do,
and why. It
should also mention the most important events that occurred in each of these
locations:
Philadelphia; New York; Boston; and Ellsworth, Maine.
b. If you read Chapters 5 and 6, briefly describe
Engel v. Vitale, Murray v.
Curlett,
and Abington v. Schempp. In each case, who sued whom, and why?
It is not
necessary to summarize what the lower courts said, but explain what the Supreme
Court
said about the following issues: whether opt-out policies are sufficient
to protect the
rights of people who do not want to participate in school prayer, whether
Bible
reading is a sectarian religious activity, and how the concept of majority
rule applies to
school prayer.
Wed., Jan. 25: When the Establishment Clause Meets the Free Exercise
Clause 1
Discussion of Chapter 1 and of the basic principles of prayer in public schools
Small-group work to prepare panel presentations on Chapters 2, 3 and 5, 6
Panel presentations
Discussion of the practical implications of the interplay between the Establishment
Clause and the Free Exercise Clause.
Assignment for next class:
1.
Read Chapters 11-16 of The Fourth R
2.
Be prepared to take a quiz on these chapters. The quiz will consist
of one or more of the following questions:
(a) What does the Equal Access Act say? What
do public schools have to do as a
result of this law, and under what conditions does it
apply?
(b) Why doesn’t the Equal Access Act apply only
to religious speech by students?
(c) What’s the difference between prayer that’s
said as an official part of the school
day and prayer that’s led by students on their own time?
(d) In Herdahl v. Pontotoc County, what kinds of Bible
classes were being offered?
What did the court say about them?
(e) Describe the graduation prayer practices that were
challenged in Lee v.Weisman.
Who objected to them, and why? Who won? What
reasons did the Supreme Court give
for ruling as it did?
(f) Explain the Lemon test and the coercion test.
(g) What effect did the Columbine shootings and the terrorist
attacks of September
11, 2001, have on arguments over school prayer?
Mon., Jan. 30: When the Establishment Clause Meets the Free Exercise
Clause 2
Quiz
Discussion of quiz questions
Wrapup discussion of the practical implications of the interplay between the
Establishment Clause and the Free Exercise Clause.
Wed., Feb. 1: Peer editing of final papers
Small-group work to prepare joint
presentations on the various cases
Panel
presentations
Fri., Feb. 3: Revised papers due
DIRECTIONS FOR PAPER ASSIGNMENT
I. Choosing a Decision
Your paper should focus on one of the Supreme Court decisions listed below.
If you would prefer to write about a different Supreme Court decision having
to do with church/state issues, please talk with me about it. First,
though, you should check LEXIS to be sure that the news stories and law review
articles you will need to write this paper are available for the case you
are considering. It would also be a good idea to read through the decision
before you propose it, since some of those I omitted from this list are unusually
difficult or require extensive background knowledge.
Good News Club v. Milford Central School (2001). The Boy Scouts,
Girl Scouts, and 4-H Club met in a school building after school hours.
A local pastor argued that school officials were thereby obliged to allow
him to conduct a children’s Bible club in the school library on the same terms.
Santa Fe v. Doe (2000): Parents challenged the practice of
broadcasting student-led prayers over the loudspeaker system before public
high school football games.
Note: the first of two district court opinions in this case does not
appear on LEXIS, but its gist can be inferred from the second of the two opinions,
which does appear.
Board of Education of Kiryas Joel v. Grumet (1994) The Supreme Court
was asked to decide whether the State of New York could carve out a public
school district whose pupils were all, or nearly all, members of a particular
group of Hasidic Jews, thus effectively giving control of the district to
members of that religious community.
Virginia v. Black (2003): The Ku Klux Klan challenged a Virginia
statute that not only forbade the burning of crosses for the purpose of intimidation,
but also stated that cross-burning was in and of itself evidence of the intent
to intimidate.
II. Collecting Additional Material
1. Go to the UD Library homepage and select Databases, then Lexis/Nexis
Academic, then Get a Case. Read all of the decisions in your case in
chronological order – trial court, appeals court(s), Supreme Court.
There may be more than one decision at a given level; include any that are
substantive, but ignore those that are merely procedural (e.g., decisions
that do no more than grant permission to file a brief). Note that Lexis/Nexis
lists Supreme Court decisions first, then appeals courts, then trial courts,
so you should start at the bottom of the list and work your way up.
You can read the decisions online, taking careful notes, but it would probably
be easier to print them out so you can underline, write in the margin, etc.
Some of the decisions may be lengthy, so choose an appropriate time and place
for printing. If printing is a problem for you but you want a hard copy,
print out just the first page of each decision. A reference librarian
or I can show you how to find them in reference books in the library, and
you can then photocopy them. Be advised that this procedure is likely
to be both time-consuming and expensive.
* Suggestion: After you choose a case, skim through all of the
decisions online before doing anything else to be sure that you really want
to work on this particular topic. Otherwise, you could either waste
a lot of time or end up doing a project in which you aren’t really interested.
2. Go back to the LEXIS homepage and select News and then General
News. Print out seven to ten newspaper articles about the case.
If the same story appears in more than one newspaper – e.g., Associated Press
stories are often picked up by many papers – use the one that has the highest
word count. (The word count appears in the listing of the story.)
Be aware that the same story will have different headlines in different newspapers.
Try to find a variety of stories that cover the period before, during, and
after the dispute goes to court. The purpose is to get a sense of the
events and personalities behind the legal case. You might also want
to use editorials and letters to the editor as an indication of community
sentiment.
III. Writing the Paper
General Specifications:
1. The paper must be typed, double-spaced, in 12-point
font. It should be approximately 12-15 pages in length.
2. Copies of the news stories must be attached. Do not attach
copies of any decisions; I already have all of them.
3. There should be no footnotes; cite all references in parentheses
following each quotation. It does not matter what format you use as
long as you are consistent throughout the paper. You do not have to
include a Works Cited page.
Detail:
1. Using news articles and background information
from the lower court decisions, write approximately two pages explaining how
this dispute arose. What caused it? Who were the main players?
Why did it end up in court instead of being settled amicably? How did
other members of the community feel about it?
2. Write approximately one to two pages about each
of the lower court decisions (not one to two pages total). Your summary
of each decision should not attempt to cover every point the court raised.
Omit any part of the decision that was based on a procedural question, such
as whether someone had standing to sue; just concentrate on the church/state
issues. Be sure that your summary clearly answers the following questions:
Who won? What were the two or three most important church/state issues
that caused the court to rule the way it did? What did the court say
about each of them?
3. Write approximately three pages explaining the
Supreme Court’s decision. Who won? By how many votes? What
were the most important reasons that caused the majority of the Court to vote
as it did? If there was a dissent, what were the most important reasons
for it?
4. Write approximately two pages of commentary
on the case you have just analyzed. How does this particular case fit
into the bigger picture of church/state issues? How significant is it?
Does the Supreme Court’s ruling agree with your personal views? Why
or why not? Is there anything in any of the decisions that made a particularly
strong impression on you, either favorably or unfavorably? Did the
decisions themselves or anything you read about them cause you to change
or refine your views about this particular church/state issue?
PAPER GRADING
The paper will be graded according to the following criteria:
1. The paper must address one of the decisions listed
on the Paper Assignment sheet unless
n you had advance approval to use a different decision.
2. The paper must include all of the sections listed on
the Paper Assignment sheet and all of the required attachments.
3. All factual statements must be accurate.
4. All assertions, arguments, and interpretations must
be clearly based on the court decisions and news stories you read for this
paper. Be sure to include examples, quotations, and other references
to the source material. Do not use the overall topic of the decision
as a springboard for a lengthy statement of personal views that are only tangentially
or generically related to the material you are supposed to be analyzing.
5. It does not matter whether your viewpoints coincide
with mine. I have given As to papers with which I disagreed and Ds to
papers with which I agreed; the relevant question is how well the paper meets
the standards listed here.
6. The paper should be written in correct English – spelling,
punctuation, subject/verb agreement, etc. If this has been a problem
for you in the past, I strongly recommend setting up an appointment to have
someone in the Writing Center review your final draft.