Discussion Questions

1. Click here to review the Oyez Project (the U.S. Supreme Court Database) on Salazar v. Buono. Why did the Supreme Court grant certiorari in this case? Explain in your own words the two Constitutional questions involved in this case.
2. What is the Establishment Clause of the U.S. Constitution? How does this factor into Salazar v. Buono?
3. Why does Mr. Davis believe the cross his members erected does not violate the Establishment Clause? What does Mr. Shackelford mean when he says, “the Court will look at whether the transfer is a violation of the Establishment Clause”? How does this narrow the scope of the case? Even if the Court declares the transfer was not a violation, why does Mr. Shackelford believe it still will not answer the “ultimate question”?
4. According to Mr. Eliasberg, how does this case demonstrate a violation of the Constitution? Why does he believe Congress' decision to designate the cross a national memorial further demonstrates the violation of the Establishment Clause?
5. This clip focuses on one of the Constitutional questions involved in this case. How do you think the second question factored into the case?