The courts did not have much reasoning for the case I feel because there were too worried about making judgments that contradicted previous laws and not judging the relevance of the case as the constitution would see it. There seemed to be a lot of influence through the commonwealth of the nation to uphold these laws and all judgments handed down up until this point. It seems like if the Supreme Court could avoid hearing the case the commonwealth could avoid the impending doom handed down by the judgment. The Establishment Clause and the Free Exercise Clause were the two laws that allowed for contradiction to the rightful decision. The District Courts had a hard time finding for Schempp because they contended the laws already in place contradicted any other decision. My personal opinion is there would have been a large local political influence because many people in Congress at this time and even today are religious Christians. It took many decades to be able to ensure justice and uphold the integrity of the constitution and our nation but in the end it was done.
On June 17, 1963 The Supreme Court made its decision. It found (“The reading of the verses, even without comment, possesses a devotional and religious character and constitutes in effect a religious observance. The devotional and religious nature of the morning exercises is made all the more apparent by the fact that the Bible reading is followed immediately by a recital in unison by the pupils of the Lord’s Prayer. The fact that some pupils, or theoretically all pupils, might be excused from attendance at the exercises does not mitigate the obligatory nature of the ceremony for . . . Section 1516 . . . unequivocally requires the exercises to be held every school day in every school in the Commonwealth. The exercises are held in the school buildings and perforce are conducted by and under the authority of the local school authorities and during school sessions. Since the statute requires the reading of the 'Holy Bible,' a Christian document, the practice . . . prefers the Christian religion. The record demonstrates that it was the intention of . . . the Commonwealth . . . to introduce a religious ceremony into the public schools of the Commonwealth. (201 F. Supp., at 819; quoted in 374. U.S. 203 (1963)) http://en.wikipedia.org/wiki/Abington_School_District_v._Schempp.
Saturday, March 28, 2009
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment