kennedy isn't much of a swing vote in 10 commandment cases...he voted in mcreary and van orden to uphold the public displays as constitutional. breyer did provide the blueprint, as discussed in class, to make a compelling argument against such displays, but it comes down to the critical decision of "whose choice"? is it the local govt or the scotus? should it be up to an arbitrary group of 9? what do the 4.5 conservatives think about the changing views of religion in the country? how do they reconcile the fact that this generation has nearly doubled the number of agnostics as the last generation? (see gallup pollhttp://www.gallup.com/poll/1690/Religion.aspx and aris research..."According to ARIS, then, there could be as many as 40 million adult nonbelievers in the United States! Personal God Going the Way of the Dodo? Consider: If these numbers are correct, nonbelievers amount to more than the highest estimates of African Americans or gays. Secularists are one of America’s largest minorities. It is no longer possible to proclaim, as the Gallup Poll announced fifty years ago: “Nearly all Americans believe in God.” That is today’s most significant change".) does that erode the constitutional history basis they rely upon if the trend continues?
Here are a few questions.
1. Who should decide the content of public displays in Nebraska or Texas or Rhode Island? The 4.5 conservatives on the Supreme Court? The 4.5 liberals on the Supreme Court? Or the process of democratic self-government in Nebraska and Texas and Rhode Island?
2. Assuming that the Gallup Survey is correct, how should the changing demographics of America affect the written Constitution? Should the EC become more separationist as America becomes less religious? How can a written rule morph with the latest trends in opinion polls?
3. Or perhaps the EC should become less separationist as America becomes more agnostic? After all, an agnostic is someone who is skeptical about the existence or non-existence of God, and presumably would wish to see many points of view--both secular and religious--displayed in the public square. No? Why should we think that an agnostic--as opposed to an atheist--would want only one view of reality (the non-religious view) portrayed in public places?
4. How does increasing pluralism among our people affect the issue of public support for education in America? Should we continue with a one-size-fits-all government school system? Or should we recognize that different kinds of people have different educational needs? Is school choice with some kind of a tuition voucher necessary for justice and equality for children in a Nation that no longer agrees on first principles concerning what is true, what is good, and what is beautiful?
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