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Notes on video lecture:
The Establishment Clause
Choose from these words to fill the blanks below:
neutral, secular, practice, Jesus, interfere, better, Congregational, prayers, prohibits, supports, religion, currency, force, unconstitutional, students, parents, federal, endorse, crosses, observances, states, rare, Simmons, protect, worse, establishment, designate, nativity, private, educational, voucher, financial, official, scope, unwilling, appropriate, England, equal, Christmas, instruction, Commandments, difficult
the relationship of government and                 
our currency says "In God We Trust"
millions of school children recite "One Nation Under God" in the Pledge of Allegiance everyday
                 scenes are displayed on state property
high schools have                at sports events
Establishment Clause
"Congress shall make no law respecting an                            of religion, or prohibiting the free exercise thereof."
1. Congress cannot set up an                  religion for the United States
2. Congress cannot                    with state-established religions
at the time the Bill of Rights was written, several states did have official religions
Georgia, South Carolina -                             
Maryland - Roman Catholic
Connecticut, Massachusetts - Church of               
so this clause was original designed to                state established religions from federal interference
yet through the 14th Amendment, the Establishment Clause becomes something that                    them
applies not just to Congress but to all                actors
because of the 14th Amendment, not just to the federal government but to the              as well
what does the Establishment Clause mean
two principles that most everyone agrees on
1. no government can                    a religion as the official state religion
2. no government can            people to engage in religious exercises or to profess religious beliefs
Sandra Day O'Connor
government cannot                religion
government cannot do anything to suggest that it officially                  one religion, or religion in general
government cannot suggest that religious belief is              than non-belief
using these principles, the Supreme Court has
forbidden public prayer in schools, graduations, at sports event
forbidden some religious displays
can't put the Ten                          on school walls
can't erect                in front of government buildings
refers to government endorsement
individuals are free to express themselves
e.g. a government could allow a private group to put up a religious display in front of city hall
it's only about endorsing religion
e.g. a government could put a display of commandments from several religions
regarding                   s display
Christmas has both a religious and                component
cannot put up only a nativity scene
can put up Santa Claus and reindeer
if these are all put up together, then it could pass as secular
like the Ten Commandments surrounded by other sources of law
                   lines to draw
in the case of the high school football game
it was                  who were leading prayers
the school was only endorsing that students "get up and say what they thought was                       ," which for some students, happened to be prayer, which came under the protection of free speech
in the case of the nativity scene
even though Christmas has become quite secular, it is not really a time that all people come together to celebrate the birth of the baby           
cases that look easy but in which the court is                    to decide
putting "In God We Trust" on the                 
describing the United States as "one nation under God" in the Pledge of Allegiance
looks clearly like an endorsement of religion
but the Supreme Court is not very likely to say that those things are                                 
the endorsement clause creates a number of hard cases
peoples' lives used to take place mostly in the                sphere
government's            has increased
today they take place in many government institutions
e.g. schools
becoming harder to manage the tension between keeping the government out of religion and allowing individuals to express their religious beliefs and to mark significant moments in their lives with significant                       
e.g. high school graduation
if was one issue when public schools are relatively         , and another as now when 90% of students are in public schools
government funding to private schools
generally ruled that neutrality is allowed
government can provide support to all schools on            terms
can't treat religious schools better but it doesn't have to treat them            either
government can provide anything which contributes to secular instruction
for awhile, the Supreme Court followed a rule that government funds could never be used for religious                       
it no long follows this in quite the same way
the government can pay tuition at religious schools
it's allowed as long as the tuition                program is neutral
then it's the               ' choice
in                 , however, since almost all of the available private schools are religious, the large majority of government money had to go to religious schools
Zelman v.               -Harris, 2002
Does Ohio's school voucher program violate the Establishment Clause?
"No. In a 5-4 opinion delivered by Chief Justice William H. Rehnquist, the Court held that the program does not violate the Establishment Clause. The Court reasoned that, because Ohio's program is part of Ohio's general undertaking to provide                        opportunities to children, government aid reaches religious institutions only by way of the deliberate choices of numerous individual recipients and the incidental advancement of a religious mission, or any perceived endorsement, is reasonably attributable to the individual aid recipients not the government. Chief Justice Rehnquist wrote that the "Ohio program is entirely                with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by                    need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice."

Spelling Corrections:

Why We Needed a Constitution
Creating the Constitution
Structural, Backward-Looking, and Forward-Looking Provisions
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
The Bill of Rights
The Progressive Amendments: 16, 17, 18, and 19
Freedom of Speech
The Supreme Court and the Free Exercise of Religion Clause
The Establishment Clause
The Fourth Amendment: Protection from Unreasonable Search and Seizure
The Fifth Amendment and the Miranda Warning
The Sixth Amendment