The Christ child goes to court

著者

書誌事項

The Christ child goes to court

Wayne R. Swanson

Temple University Press, 1990

大学図書館所蔵 件 / 全6件

この図書・雑誌をさがす

注記

Bibliography: p. 229-235

Includes index

内容説明・目次

内容説明

In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the creche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket's display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government. Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the creche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case's trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy. An important conclusion of this critical examination of the courts' approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems. Author note: Wayne R. Swanson is Professor and Chairman of the Government Department at Connecticut College.

目次

Preface Introduction 1. The ACLU and Pawtucket's Christmas Display: The Controversy Unfolds Pawtucket Reacts * Witness for the Plaintiff: The ACLU Position * For the Defense: The Mayor Responds * The Trial 2. Round One: The District Court Decides The District Court * The Supreme Court and Establishments: The Pre-Lynch Years * A Question of Standing * Post-Trial Memoranda to Judge Pettine * Judge Pettine Decides 3. Round Two: The Court of Appeals Pawtucket Appeals * The U.S. Courts of Appeals * The Court of Appeals Decides 4. A Final Hearing: The Supreme Court Applying for Certiorari * To Brief the Court * Oral Argument * Judicial Conference * The Decision 5. The Reaction The Rhode Island Reaction * The National Response to Lynch v. Donnelly * Post-Lynch Court Activity 6. The Establishment Clause Revisited Standards for Judicial Decision Making and the Establishment Clause * The Court's Approach to Establishment: Evaluation and Alternatives * Conclusion Appendix A: Lynch v. Donnelly: Case Chronology Appendix B: Glossary Appendix C: Table of Cases: Supreme Court Establishment Decisions (1947-1988) Notes Bibliography Index

「Nielsen BookData」 より

詳細情報

ページトップへ