The book Our Rights, written by David J. Bodenhamer, uses historical case studies to explore the rights in the Constitution. Supreme Court cases are used to demonstrate how a right received its modern interpretation, how the right applies today, and how courts and other interpreters seek to balance this right with important societal concerns such as public safety. The complete book or individual chapters can be downloaded.
Freedom of Religion: Establishment Clause
The First Amendment has two clauses related to religion: one preventing the government establishment of religion (the establishment clause) and the other protecting the ability to freely exercise religious beliefs (the free exercise clause). Students examine the First Amendment’s Establishment Clause: why it was included in the Bill of Rights, the issues it addresses, and how the Supreme Court has interpreted it over time.
James Madison and the First Amendment
This short video traces the evolution of Madison’s attitude towards the religious liberty guarantees of the First Amendment. Initially opposed to a Bill of Rights as both inappropriate and dangerous, Madison’s views changed as a result of political and philosophical considerations. Professor Jeffry Morrison emphasizes Madison’s belief that religion should play a vital but informal role in the life of the republic.
Elk Grove v. Newdow (2004)
Does a public school policy requiring teachers to lead willing students in reciting the Pledge of Allegiance violate the Establishment Clause? This case summary shows how the Supreme Court answered that question in 2004.
Good News Club v. Milford Central School (2001)
Is a public school that refuses to let a religious club use its facilities violating the Free Speech Clause of the Constitution? This case summary shows how the Supreme Court answered that question in 2001.
Locke v. Davey (2004)
Does the Free Exercise Clause require states to fund religious instruction if providing merit-based college scholarships for secular instruction? This case summary shows how the Supreme Court answered that question in 2004.