supreme court cases that explored the distinction between god's law and human law?
Need some help to brain storm some ideas for my essay.. in exploration between god's law and human law, how does the constitution regard the relationship between religion and politics? use at least two prominent supreme court cases to illustrate.
- Anonymous1 decade agoFavorite Answer
McCollum v. Board of Education Dist. 71, 333 U.S. 203 (1948)
Court finds religious instruction in public schools a violation of the establishment clause and therefore unconstitutional.
Burstyn v. Wilson, 72 S. Ct. 777 (1952)
Government may not censor a motion picture because it is offensive to religious beliefs.
Torcaso v. Watkins, 367 U.S. 488 (1961)
Court holds that the state of Maryland can not require applicants for public office to swear that they believed in the existence of God. The court unanimously rules that a religious test violates the Establishment Clause.
Treaty of Tripoli
"As the Government of the United States of America is not, in any sense, founded on the Christian religion...."
UNANIMOUSLY ratified by the US Senate.
- 5 years ago
There is no difference. Both groups are/were being discriminated against completely unreasonably. It is unconstitutional (and simply unfair) to deny certain groups the rights granted to other equivalent groups. Likewise, to add such denial to the language of a constitution would (in my unschooled opinion) fly directly in the face of such a document that is designed to grant equal rights to all. The California Supreme Court acted completely within its bounds by striking down an unconstitutional ban, both in 1948 and in 2008.
- Anonymous1 decade ago
1- do your own homework
2- generally the court doesn't,
it draws lines where that define the separation of church and state concepts in the consitution and our government.
but it does not "regard" god's law as anything.
you might find some old old supreme court cases where individual judges have made religious driven decisions, but these are always couched in terms of U.S. law (aka REAL law instead of fairy tale law).
se even a seeminly religious based decision, will still have a decision based upon the application of U.S. law no matter how obvious or flimsy the connection might seem in some cases.
- Mr.SamsaLv 71 decade ago
You should research the separation of church and state doctrine under the Establishment Clause of the First Amendment. The Supreme Court has never considered "god's law" as any type of controlling or persuasive precedent.
EDIT: bongernet cited some great cases for you.
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- Kiki-laLv 61 decade ago
Here's a hint: Do your homework, research, get a library card, watch some documentaries, read the constitution.
- Anonymous1 decade ago
" The American nation from its first settlement at Jamestown to this hour is BASED UPON and permeated BY THE PRINCIPLES OF THE BIBLE". Supreme Court Justice David Joseph Breiver (1837-1910)