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Rodney K. Smith - Public Prayer and the Constitution: A Case Study in Constitutional Interpretation

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title Public Prayer and the Constitution A Case Study in Constitutional - photo 1

title:Public Prayer and the Constitution : A Case Study in Constitutional Interpretation
author:Smith, Rodney K.
publisher:Scholarly Resources, Inc.
isbn10 | asin:0842022600
print isbn13:9780842022606
ebook isbn13:9780585116259
language:English
subjectPrayer in the public schools--Law and legislation--United States.
publication date:1987
lcc:KF4162.S63 1987eb
ddc:344.73/0796
subject:Prayer in the public schools--Law and legislation--United States.
Page iii
Public Prayer and the Constitution
A Case Study in Constitutional Interpretation
By Rodney K. Smith
Picture 2
Scholarly Resources Inc.
Wilmington, Delaware
Page iv
Picture 3
The paper used in this publication meets the minimum requirements of the American National Standard for permanence of paper for printed library materials, Z39.48, 1984.
Portions of Chapters 2 through 6 of the book first appeared in article form in 20 Wake Forest Law Review 569 (1984) and portions of Chapters 9 and 12 appeared in article form in 37 Alabama Law Review 345 (1985). They are published in this book with the permission of those publications.
1987 by Scholarly Resources Inc.
All rights reserved
First published 1987
Printed and bound in the United States of America
Scholarly Resources Inc.
104 Greenhill Avenue
Wilmington, Delaware 19805
Library of Congress Cataloging-in-Publication Data
Smith, Rodney K.
Public prayer and the Constitution.
Includes index.
1. Prayer in the public schoolsLaw and legislationUnited States.
I. Title
KF4162.S63 1987 344.73'0796 86-28020
ISBN 0-8420-2260-0 347.304796
Page v
To my father and mother,
Willis and GeorgiAna Smith
Page vi
Contents
Acknowledgments
ix
Introduction
xi
Chapter 1
The Originalist Approach: Some Comments on Methodology
1
Chapter 2
The Colonial Antecedents
15
Chapter 3
The Revolutionary and Formative Years
37
Chapter 4
The Framing and Adoption of the First Amendment
73
Chapter 5
Religious Liberty in the Early Years of the Republic: The Rise of the Story View
107
Chapter 6
Getting off on the Wrong Foot: The Reynolds and Everson Decisions
121
Chapter 7
The Incorporation Debate: Are the Religion Clauses of the First Amendment Applicable Against the States?
133

Page vii
Chapter 8
State-Composed Prayer and Bible Reading in the Public Schools: The Engel and Schempp Cases
171
Chapter 9
Meditation and Silent Prayer in the Public Schools: The Jaffree Case
191
Chapter 10
Equal Access: The Widmar and Bender Cases
219
Chapter 11
Governmental Chaplains and Public Prayers Outside the School Context: The Marsh Case
237
Chapter 12
Legislative Proposals and Congressional Activity: A Study in Political Persistence
261

Page viii
Acknowledgments
While in law school one of my professors, Jim Sabine, shared a bit of wisdom with me that I have remembered always. He taught that, at the beginning of each day, we should reflect upon something new for which we are grateful. I have tried to follow that advice, thinking each day about something new that has blessed my life. In writing a book, one incurs new debts of gratitude on almost a daily basis. In this brief acknowledgment, I would like to thank those who have helped and supported me in this endeavor.
I am particularly grateful to my wife Danielle whose unfailing support has been a great blessing in my life and has been a source of constant encouragement. I am also grateful to Professor Carl S. Hawkins at the J. Reuben Clark Law School of Brigham Young University, for the help and support he offered in making my dream of one day becoming a teacher a reality. Similarly, my gratitude is extended to Judge Arlin Adams of the Third Circuit Court of Appeals. In his First Amendment course at the University of Pennsylvania, Judge Adams literally taught me to love the First Amendment. Additionally, I would like to thank my colleagues, Marcia O'Kelly, Tom Lockney, and Robert Lipkin, whose friendship and support has been appreciated greatly. Finally, as a general matter, I would like to thank my students who have always been a source of inspiration to me.
On a more specific note, I would like to thank Dean W. Jeremy Davis of the University of North Dakota Law School and Dean Anthony J. Santoro of the Delaware Law School of Widener University for their friendship, encouragement, and financial support. I am also indebted to my research assistants. While at the University of North Dakota, I was assigned a number of Burtness Fellows, who helped with various aspects of this project. In particular, I would like to thank David Probst, Reagan Pufall, Dale Hanke, Laura Wetsch, Juli Point, Dennis Tighe, Scott Corbett, and Scott Jensen. While I have taught at the Delaware Law School, Glenn Blackwell has helped put the refining touches on the manuscript and also provided extensive assistance in preparing the index.
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