Assignment: We’ve discussed a number of important and recent political issues related to the controversy over separating state and religion in America (e.g., prayer in schools, the saying "In God we trust" on our currency, the "one nation under God" clause in the Pledge of Allegiance). In a two-page paper due a week from today, focus on the case of Engel vs. Vitale. Summarize the positions of Justices Black and Stewart. Provide your own opinion about which Justice makes his argument most effectively. Strong papers may also (1) suggest how this case could affect a future decision for or against "In God we trust" on our currency or "one nation under God" in the Pledge, or (2) give a sympathetic refutation of the view that opposes your own opinion.
NOTE: Do NOT
quote directly from our textbook. Write this paper in your own words. If
you hand in a feedback form from the Writing Center, along with a rough
draft and a revised draft, I will take it into consideration when grading
your paper.
Student's Response: "Engel v. Vitale"
State and religion, can they truly be separated? On our currency we have the words in GOD WE TRUST, and in the "Star Spangled Banner we say, "In God is our trust," and each year we call upon the president to have a NATIONAL DAY of PRAYER. This is the argument of Supreme Court Justice Stewart on the case of Engel v Vitale. In opposition to this is Justice Blacks and the court's ruling that public school and religion are to be separated. Laws that do not separate them, or laws that bind state and religion are un-constitutional and go against the First and the Fourteen Amendments. With so many laws that say religion and government are to be separated, why do we have so many acts of government with them combined?
When the United States went from the era of being colonies to becoming states, it was written in the constitution that government and religion were to be separate. This may or may not have been because of what was previously seen by so many people in England. It was thought that if the two, religion and government, were brought together that those of a different religion would oppose the government all together. This topic was so controversial even in James Madison's time that the Virginia Bill was written that all religious groups were placed on equal footing so far as the state was concerned. The United States was looked at as a melting pot of many different religions and cultures, so to combine government and religion was thought to not have been acceptable to the people. Along with non-acceptance, many thought that the combination of the two would be forcing people to be confined to one religion and that in turn would be going against the First Amendment. This was more or less the argument of Justice Black's decision.
Opposing this decision was Justice Stewart. It was felt by Stewart that religion and government have never really been separated, so to say that this school prayer was un-constitutional was inaccurate. Stewart points out several places in our government where the two, government and religion, are combined, such as with the oath that every president takes when sworn into office, again when people take the stand in court trials, and with the opening of each day's session of the Supreme Court. Withe so many instances where the two are combined, why is there so much fuss over prayers in school and not with other situations where religion and government are combined.
To say which Justice makes his case more effectively may depend on who
is interpreting the case. It is very easy to see views from the sides of
both men, but when it comes down to the final decision with our government,
laws are laws until they are changed. Meaning as of right now the government
feel that prayers in schools are breaking the First Amendment and therefore
are not allowed in public schools. But even with a final decision being
made, there is still room for comments and opinions. I feel that what Justice
Black is saying is more convincing when it comes to the facts. The First
Amendment was written to give people freedom of religion allowing a prayer
to be said every morning is wrong and may be offensive to those of different
religions. With some things being around for so long, like having "IN GOD
WE TRUST" on our currency it makes them easier to accept versus trying
to bring something new into the spotlight, like prayer in public schools.
Public schools in a sense shape the attitudes of children, but public schools
should not be able to in a sense override the ways that parents want to
shape their children religiously.
Criteria for grading “Engle vs. Vitale”:
Strong okay weak no credit
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You summarize the positions of Justices Black and Stewart
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You explain your own opinion about which Justice makes his argument most
effectively
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You use the format that our syllabus requires
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You meet conventions of Edited American English.
GRADE: ____________
COMMENTS: