Theories of Constitutional Interpretation

Abstract

IN 1979 ERNEST CHAMBERS was barber who had for nine years represented predominantly black district of Omaha Nebraska Unicameral Legislature. He had been brought up a religious strait-jacket fundamentalist Church of God and Christ, but as he had grown older he had come to renounce Christianity and all belief God. Consequently he was uncomfortable when chaplain hired by legislature opened each session with prayer. In fact he felt compelled to leave legislative chamber, so that he and chaplain were race to see whether chaplain could get to front before Chambers could get out back door.2 The chaplain of Nebraska Legislature during that time was Robert E. Palmer, Presbyterian clergyman who had ministered to legislators since 1965. His prayers were short, almost perfunctory. He strove to make them nonsectarian, to reflect 'just civil religion America, which he understood to consist of the Judeo-Christian tradition, kind of religious expressions that are common to vast, overwhelming majority of most all Americans. He viewed purpose of his prayers to be provision of opportunity for Senators to be drawn closer to their understanding of God as understand God, order that divine wisdom might be theirs as conduct their business for day. And so he would, for example, pray in name of Jesus-our Friend, our Saviour, our Example, our Guide, and he would ask that Senators come to realize that they are part of team working together to win game for benefit of people of this state.3 Chambers attempted to convince his colleagues to end practice of legislative prayer. When refused, he took characteristically American step of filing suit federal court. His claim was elegantly simple: payment of state salary to minister of single Christian denomination for fourteen years for purpose of offering official prayers to state legislature was violation of Establishment Clause of First Amendment to United States Constitution. That clause provides: Congress shall make no law respecting an establishment of religion.4