McCollum v. Board of Education (No. 90-1948)
Scope and Contents
This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.
Dates
- Creation: 1945-1957, n.d.
Access Restrictions:
No restrictions.
Full Extent
From the Series: 0.4 Linear Feet
Language of Materials
From the Collection: English
Abstract
Question of separation of church and state in public school setting. ("Jefferson's metaphor in describing the relation between Church and State speaks of a 'wall of separation,' not of a fine line easily oferstepped." Frankfurter, J., concurring. 333 U.S. at 231, 92 L.Ed. at 669,)
Divided court holds that religious instruction by outside teachers (furnished by several religious denominations) in public schools during regular school hours is a violation of constitutional principle of separation of church and state as expressed in First Amendmant made applicable to the states by the Fourteenth Amendment.
Majority opinion by Black, J. with Vinson, C.J., Douglas and Murphy, JJ., Rutledge and Burton, JJ. concurring; frankfurter, J. concurring with Jackson Rutledge and Burton, JJ.; Jackson, J. concurring in the result; Reed, J. dissenting.
File contains Burton correspondence with detailed suggestions "to make possible an opinion of the Court (on behalf of seven members) plus a concurring opinion...." memo of February 6, 1948. Burton's attempt only partially successful.
Repository Details
Part of the George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine 04011 Repository
