Posts Tagged ‘Supreme Court of the United States’

For God and Country: New Study of Religion in America

Monday, October 11th, 2010

Are religious believers good neighbors and tolerant citizens?

From the Wall Street Journal Online By WILFRED M. MCCLAY

After a seemingly endless procession of tendentious and hotly argued books espousing “the new atheism” and blaming religion for all that is wrong with the world, “American Grace” comes as a welcome balm, offering a reasoned discussion of religion and public life. Rather than wrangle over matters of theology and science, Robert Putnam and David Campbell focus on extensive survey data to explore the kinds of conduct and attitudes that religious beliefs produce in individuals and groups. The authors ask to be regarded as neutral observers, not partisans. And their criteria for the success or failure of religion are almost entirely sociological and behavioral: By their fruits ye shall know them.

This approach will of course not appeal to everyone. But the result is a book that takes a mostly positive view of American religion, capturing its energy and variety. Chapters of historical or sociological interpretation alternate with “vignettes,” artfully done portraits of particular church communities; the vignettes attempt to flesh out the other chapters’ more abstract points. In the process, some important elements in the conventional wisdom receive a rude jolt.

Perhaps the best and most interesting chapter in this respect is “Religion and Good Neighborliness,” which convincingly argues that, contrary to the stock depiction in popular culture, religious Americans make better neighbors by almost every index. They are more generous, with both their time and money; more civically active, in community organizations and political reform; more trusting; more trustworthy; and even measurably happier. The only exception to this list of positive traits: religious people tend to be less tolerant of views that clash with their own. These results hold even when the authors control for such factors as gender, education, income, race, region and age.

To what do the authors attribute this extraordinary edge among the religious? “Theology and piety,” they say, have “very little” to do with it. Instead, the explanation has to do with the social networks that grow out of religious commitment, networks offering “morally freighted personal connections” combined with an “inclination toward altruism.” If this seems a rather predictable conclusion for social scientists to reach, it is not without its uses, if only as a stimulant to reconsidering settled ideas.

But it is indicative of a bias in the book, in favor of easygoing, temperate, smoothly functioning, non- threatening, non-boat-rocking religion, whose health is judged only by external and measurable factors. American religion is found praiseworthy by the authors chiefly for its too often underrated moderation, its appreciation of diversity and its good “social” effects. Much of “American Grace” attempts to provide support for that view. The religious category that the authors label, with ill – concealed disparagement, as “true believers” is small and diminishing—and a darn good thing, it would seem.

In this way, Messrs. Putnam and Campbell, while cutting against the conventional wisdom about religion’s divisiveness, devalue the very thing they are trying to defend. They reprise the view lambasted by Will Herberg, more than a half-century ago, in his searing critique of American religious flaccidity, “Protestant Catholic Jew.” Surely there is something ironic about preferring a form of religion that asks us to admire and study the great prophets and preachers while warning us against imitating them and their true-believing faith.

There is, moreover, a diffuseness in the argument of “American Grace” that is reflected in its subtitle: “How Religion Divides and Unites Us.” Which is it? At the book’s beginning, the authors assert flatly that “Americans have become polarized along religious lines.” But by the closing pages, it appears that we are “not so divided after all,” and “America’s grace” overcomes religion’s divisions. How can both of these things be true?

One answer, though the authors themselves do not endorse it, is to separate religion itself from the legal and institutional quarrels that vex American life. Messrs. Putnam and Campbell write as if the polarization of Americans about religious issues was driven by the choices and elective affinities of individuals reacting to the social upheaval of the 1960s and its continuing effects. In matters of sexuality, for example, which they rightly see as having an essential relationship to any serious religious commitment, they offer a surprisingly crude formulation that reflects the authors’ rather coercive brand of moderation: The polarization of the past five decades on sexual matters has come about because “libertines and prudes have successively provoked one another.” If only the sensible, nonextremist folks had been able to prevail, everything would have been much neater and nicer.

This misses something important. Not until very deep in the book is the Supreme Court’s still- controversial 1973 Roe v. Wade decision, making abortion on demand into a constitutional right, even mentioned. And when it is mentioned, there is no discussion of the ways in which this act by the federal government served to nationalize the abortion controversy, turning it into a “winner takes all” issue and bitterly dividing the nation in a way that did not need to happen. The Supreme Court has only worsened the problem in the years since by issuing a virtual gag order regarding the highly questionable decision, ensuring that the conflict will never end. This is not the fault of individual libertines and prudes. The country may be on the verge of seeing the courts do the same thing, equally disastrously, with the complex and delicate question of gay marriage.

For all the authors’ talk about America’s grace stemming from “interlocking relationships among people of many different faiths,” at least they themselves have the grace, on the book’s final page, to “acknowledge the important role of the nation’s constitutional infrastructure.” Somehow the Framers knew that guaranteeing freedom of religion would have a salutary effect on the republic that no amount of numbers-crunching and data-mining will ever quantify. Their insight and achievement is the ultimate source of American grace.

Mr. McClay is a professor of history and the humanities at the University of Tennessee at Chattanooga, and co-editor, with Hugh Heclo, of “Religion Returns to the Public Square: Faith and Policy in America.”

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Sandra Day O’Connor Speaks on Civics Education in Chicago

Tuesday, May 25th, 2010

From the Huffington Post

With more Americans able to name the judges on “American Idol” than those of the nine justices on the U.S. Supreme Court, retired Justice Sandra Day O’Connor told a Chicago audience Wednesday that there needs to be more emphasis on civics in government courses in the U.S. school system.

O’Connor, speaking at a Chicago Bar Association luncheon, also said that 80 percent of Americans would flunk the citizenship test given to immigrants, and blamed that on the lack required civics in government courses at high schools.

O’Connor is pushing to bring required civics in government courses back to the nation’s classrooms through her “teacher friendly” website, ourcourts.org. The site is designed for “eager to learn” middle schoolers because, she said, that is the age “when the light bulb goes on.”

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Consitution and Legal History, University of Western Florida

Tuesday, November 3rd, 2009

U. S. Constitutional and Legal History (to 1877)

(AMH4551-1962)

Monday & Wednesday, 1:00-2:15

Building 52, Room 152A

Dr. Steve Belko

Building 50, Room 138

wbelko@uwf.edu

(850) 474-2680

COURSE DESCRIPTION

This course provides a comprehensive examination of the development of the U. S. constitutional and legal system from the colonial period through Reconstruction.  Although the history of the U. S. Supreme Court plays an integral role in this course, constitutional and legal history transcends the mere study of great cases and judicial decisions; the preeminent role of the president, congress, and the states in the making and development of the constitutional and legal system during the antebellum period – and the larger political, social, and economic forces surrounding and influencing this development – are given greater weight.

STUDENT LEARNING OUTCOMES

  • Demonstrate a comprehensive understanding of the foundations, formation, and development of the U. S. constitutional and legal system during the antebellum period.
  • Define the political, social, and economic forces that have shaped U. S. constitutional and legal history.
  • Describe the role and development of the U. S. Supreme Court and the interaction between the federal court system and the state courts.
  • Describe how the president, the congress, the states, and the people determined constitutional development from the early 1600s to the end of Reconstruction in 1877.
  • Develop the skill to explicate the legal ruling in a case and place it in its proper historical and developmental context.
  • Delineate the major issues, events, and personalities that have defined the nature and character of the U. S. Constitution.

RECURRING THEMES

  • Power vs. Liberty
  • Centralization vs. Decentralization
  • States’ Rights vs. Union
  • Federalism
  • Republic vs. Democracy
  • Activism vs. Restraint
  • Civic Humanism (Classical Republicanism) vs. Acquisitive Individualism (Liberal Capitalism)
  • Executive vs. Legislative vs. Judicial Power and Authority

READINGS

Books

Jack P. Greene, Peripheries and Center: Constitutional Development in the Extended Polities   of the   British Empire and the United States, 1607-1788

Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution

Jackson Turner Main, The Antifederalists: Critics of the Constitution, 1781-1788

Richard Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic

Richard Ellis, The Union at Risk: Jacksonian Democracy, States’ Rights, and the Nullification Crisis

R. Kent Newmyer, The Supreme Court under Marshall and Taney

Primary Documents

Melvin Urofsky, ed., Documents of American Constitutional & Legal History

Articles (To be provided by the professor and accessible on reserve at Pace Library)

From Terence Ball and J. G. A. Pocock, eds., Conceptual Change and the Constitution (Lawrence: University Press of Kansas, 1988)

  • Peter S. Onuf, “State Sovereignty and the Making of the Constitution.” (78-98)
  • Terence Ball, “A Republic — If You Can Keep It.” (137-164)

From Leonard Levy and Dennis Mahoney, eds., The Framing and Ratification of the Constitution (New York: Macmillan Publishing Company, 1987)

  • John M. Murrin, “The British and Colonial Background to American Constitutionalism.” (19-35)
  • Jack P. Greene, “Origins of the American Revolution: A Constitutional Interpretation.” (36-53)
  • Donald S. Lutz, “The First American Constitutions.”  (69-81)
  • Peter S. Onuf, “The First Federal Constitution: The Articles of Confederation.” (82-97)
  • Michael P. Zuckert, “A System without Precedent: Federalism in the American Constitution.”  (132-150)
  • Murray P. Dry, “The Case Against Ratification: Anti-Federalist Constitutional Thought.” (271-291)
  • Herman Belz, “Constitutionalism and the American Founding.”  (333-354)

From Richard Beeman, Stephen Botein, and Edward C. Carter II, eds., Beyond Confederation: Origins of the Constitution and American National Identity (Chapel Hill: University of North Carolina Press, 1987)

  • Gordon S. Wood, “Interests and Disinterestedness in the Making of the Constitution.” (69-112)
  • Lance Banning, “The Practicable Sphere of a Republic: James Madison, the Constitutional Convention, and the Emergence of Revolutionary Federalism.” (162-187)
  • Richard E. Ellis, “The Persistence of Antifederalism after 1789.” (295-314)

From Jack P. Greene, ed., The Reinterpretation of the American Revolution, 1763-1789 (New York: Harper & Row, 1968)

  • Edmund S. Morgan, “Colonial Ideas of Parliamentary Power, 1764-1766.” (151-180)
  • David S. Lovejoy, “‘Rights Imply Equality’: The Case Against Admiralty Jurisdiction in America, 1764-1766.” (181-206)
  • Forrest McDonald, “The Anti-Federalists, 1781-1789.” (365-377)
  • Douglass Adair, “‘Experience Must Be Our Only Guide’: History, Democratic Theory, and the United States Constitution.” (397-415)
  • Douglass Adair, “‘That Politics May be Reduced to a Science’: David Hume, James Madison, and the Tenth Federalist.” (487-503)
  • Cecelia Kenyon, “Men of Little Faith: The Anti-Federalists on the Nature of Representative Government.”  (526-567)

From Isaac Kramnick, Republicanism and Bourgeois Radicalism: Political Ideology in Late Eighteenth-Century England and the United States (Ithaca: Cornell University Press, 1990):

  • “‘The Great National Discussion’: The Discourse of Politics in 1787.” (260-288)

Leonard Levy, “Liberty and the First Amendment, 1790-1800.” American Historical Review LXVIII (October 1962): 22-37.

From Kermit Hall and James Ely, eds., An Uncertain Tradition: Constitutionalism and the History of the South (Athens: University of Georgia Press, 1989)

  • Donald Nieman, “Republicanism, the Confederate Constitution, and the American Constitutional Tradition.” (201-224)
  • Michael Les Benedict, “The Problem of Constitutionalism and Constitutional Liberty in the Reconstruction South.”  (225-250)

USEFUL RESOURCES

  • Kermit L. Hall, ed.  The Oxford Companion to the Supreme Court of the United States.
  • The Supreme Court Historical Society http://www.supremecourthistory.org/
  • H-Law/American Society for Legal History http://www.h-net.msu.edu/~law/index.html

ASSIGNMENTS

Exams

There will be six take-home exams covering the material provided in the lectures.  The exams will consist entirely of essay questions.  You will receive the essay questions one week prior to the due date.   The essays must be typed, double-spaced, 12-point font, and must be handed in by the end of the class period in which they are due.  An electronic version of the exam must also be submitted at that time (preferably as an e-mail attachment).  Due dates are set in the class schedule and exams turned in late will not be accepted.  Essay questions will be graded on organization, clarity, and accuracy of information. You should be comprehensive in covering all the major aspects and support these with specific examples.  The first five assignments are worth 100 points each and the final (sixth) exam, a comprehensive assignment, is worth 200 points.

Readings Questions

The professor will provide you at the beginning of each series of lectures a series of short answer questions that will cover the assigned readings – books, articles, and primary documents – listed above.  Answers should be between 100 and 250 words per question and must be typed out and handed in on the respective due date given in the class schedule.  You must also submit an electronic version of the assignment (preferably as an e-mail attachment).  Each readings assignment is worth 100 points.

ATTENDANCE

Attendance is expected and will be taken at every class period.  For every class you miss, fifty points will be deducted from your total points at the end of the semester.  If you have completed all the assignments and finish the semester with a borderline grade, then perfect attendance will raise your final grade one full average point to the next grade level.


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