The Establishment Clause of the First Amendment to the United States Constitution was not, at the time of the Scopes decision in the 1920s, deemed applicable to the states. Thus, Scopes' constitutional defense on establishment of religion grounds rested—and had to rest—solely on the state constitution, as there was no federal Establishment Clause protection available to him. SeeCourt's opinionArxivləşdirilib 2011-01-28 at the Wayback Machine.See generally Incorporation doctrine and Everson v. Board of Education (a seminal U. S. Supreme Court opinion finally applying the Establishment Clause against states in 1947).
See Supreme Court of Tennessee John Thomas Scopes v. The StateArxivləşdirilib 2011-01-28 at the Wayback Machine, at end of opinion filed January 17, 1927. The court did not address the question of how the assessment of the minimum possible statutory fine, when the defendant had been duly convicted, could possibly work any prejudice against the defendant.
The Establishment Clause of the First Amendment to the United States Constitution was not, at the time of the Scopes decision in the 1920s, deemed applicable to the states. Thus, Scopes' constitutional defense on establishment of religion grounds rested—and had to rest—solely on the state constitution, as there was no federal Establishment Clause protection available to him. SeeCourt's opinionArxivləşdirilib 2011-01-28 at the Wayback Machine.See generally Incorporation doctrine and Everson v. Board of Education (a seminal U. S. Supreme Court opinion finally applying the Establishment Clause against states in 1947).
See Supreme Court of Tennessee John Thomas Scopes v. The StateArxivləşdirilib 2011-01-28 at the Wayback Machine, at end of opinion filed January 17, 1927. The court did not address the question of how the assessment of the minimum possible statutory fine, when the defendant had been duly convicted, could possibly work any prejudice against the defendant.
