Lee V. Weisman Case Study

To first assess the demands of the question and thereby determine how James Madison and I would decide the case of Lee v. Weisman, it is imperative to outline Madison’s primary and germane arguments in his “Remonstrance” and also explore the two prevailing yet competing judicial interpretations of the First Amendment. A rebuttal of Patrick Henry’s “A bill establishing a provision for Teachers of the Christian Religion,” Madison’s “Remonstrance” lists fifteen arguments and refutations of Henry’s bill to the Virginia state legislature, three of which neatly apply to Lee: 1) Man must render God in a way that is acceptable to him, not the state, 2) religious laws may not trespass on the rights of the minority and 3) religious laws may not inflict …show more content…
The Supreme Court was deciding whether it was constitutional for a public school’s graduation ceremony to begin with a non-sectarian benediction delivered by a Rabbi. It is important to note that while the benediction was not specific to any particular faith, it did mention “God,” “blessings” and the word “Amen.” To address the first of the three criteria mentioned in Madison’s “Remonstrance,” Lee must be analyzed to see if the school (state) inhibited man’s duty to render God in a way that is acceptable to him. The benediction mentioned God but did not refer to any specific religious interpretation of God nor did it advise or suggest any articulable method or practice to worship God. The Rabbi leading the benediction thanks God for the “capacity [to] learn”, asks for God to “Send [his] blessings upon teachers and administrators,” and finally offers gratitude for “keeping [the community] alive” and for “…allowing [them] to reach this special, happy occasion.” The vague and unspecific language offers those listening a considerable amount of flexibility and freedom to personally contemplate God in anyway they so choose or, for that matter, not ponder God at all. Therefore, Madison would have surely approved of the benediction in that it broadly mentioned God, therefore allowing the audience to render the Creator, as they deemed appropriate, without forcing …show more content…
Weisman. As a Justice on the court, I would first look to the history and context surrounding the ratification and implementation of the First Amendment, looking closely at how the Framers themselves understood the religion clauses. In this particular endeavor, one must look no further than James Madison’s inaugural address as President of the United States. In it, the author of the First Amendment, speaks to the “guardianship and guidance of that Almighty Being…whose blessings have been so conspicuously dispensed to this easing Republic…” This explicit mention to a divine being, guidance and America’s political structure almost mirror the benediction discussed in Lee: “O God…the graduates now need strength and guidance” and “For the political process…[and] [f]or the destiny of America we than You.” Therefore, not only do these similarities further emphasize that Madison would have sided with the school, they also speak to the contested meaning of the Religion Clauses. Using Madison’s own words as evidence, the Religion Clauses should not be viewed as rigid partitions between faith and public life, but rather very specific provisions aimed at preventing egregious government entanglement with religion. The mere mention of God, blessings or “Amen,” are not alone,