Legal Opinion · Concurrence

Abington School Dist. v. Schempp

Supreme Court of the United States

Decided June 17, 1963No. 142Published

1ConcurrenceJustice Brennan

Almost a century and a half ago, John Marshall, in M’Culloch v. Maryland, enjoined: “. . . we must never forget, that it is a constitution we are expounding.” 4 Wheat. 316, 407. The Court’s historic duty to expound the' meaning of the Constitution has encountered few issues more intricate or more demanding than that of the relationship between religion and the public’ schools. Since undoubtedly we are “a religious people whose institutions presuppose a Supreme Being,” Zorach v. Clauson, 343 U. S. 306, 313, deep feelings are aroused when aspects of that relationship are claimed to violate the…

2Cases cited102 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  5. McGowan v. MarylandSupreme Court of the United States · 1961

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