One nation under God? : new grounds for accepting the constitutionality of government references to God

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One nation under God? : new grounds for accepting the constitutionality of government references to God

Richard H. Jones

University Press of America, c2012

  • : clothbound

Available at  / 4 libraries

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Bibliography: p. [169]-179

Includes index

Description and Table of Contents

Description

A firestorm of controversy developed when Michael Newdow challenged the constitutionality of the phrase "under God" in the Pledge of Allegiance. In order to understand the legal issues and the public reaction, One Nation Under God? explores the history of the government's references to God in our national motto, on coins, and in other governmental announcements, along with a history of the Pledge of Allegiance. The book discusses the setting of American "civil religion" and other aspects of American culture and then delves into the background of the Constitution and the Supreme Court's Establishment Clause rulings needed to understand the courts' rulings on such governmental uses of "God." State and federal cases on "In God We Trust" and "under God" in the Pledge of Allegiance and other references to God are also explored. Finally, a new rationale for accepting these pronouncements as constitutional is presented.

Table of Contents

Preface 1. A Brief History of Government's References to God "In God We Trust" The Pledge and "Under God" Religion and the Early Federal Government American Civil Religion 2. Religion, the Constitution, and the Supreme Court No Religious Tests The Nonestablishment Clause The Free Exercise Clause The Free Speech Clause Separationist and Accommodationist Ideals Neutrality The Lemon Test The Endorsement Test The Reasonable or Objective Observer The Coercion Test Acknowledgments of Our Religious Heritage Legal Judgment The Constitution and the Supreme Court 3. God-References and the Courts Supreme Court Dicta State Court Decisions Lower Federal Court Decisions Newdow v. the United States Congress 4. Assessing the Courts' Arguments Do the God-References Have Religious Meaning? Have God-References Lost Their Religious Nature? Affirmations, Creeds, and Entailed Beliefs Ceremonial Deism Historical Acknowledgments Religious Symbolism and the Supreme Court Religious Symbolism and Endorsement Conclusion 5. A Better Approach for Upholding Government References to God Religion Versus Religious Institutions Sectarian and Nonsectarian Symbols The Threshold Question The Problem of Any Religious Symbols Limitations on Symbolic Aid to Religion Use of Other Religious Symbols Government God-References in Public Schools The Drawbacks to This Approach Conclusion Church-State Cases Cited References and Other Works Index

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