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An Analysis of the United States Supreme Court Case


County of Allegheny vs. ACLU, 472 U.S. 573 (1989)

The Creche Scene Case


Anthony J. Fejfar, B.A., J.D., M.B.A., Phd, Esq., Coif

Member, United States Supreme Court Bar

In the United States Supreme Court Case of County of Allegheny vs. ACLU, the

United States Supreme Court held that the placing of a Christmas Creche Scene on County

property violated the “anti-establishment clause” of the First Amendment of the United States

Constitution. The Supreme Court erred in failing to consider that the United States of America

holds of Pennsylvania Colony and the Pennsylvania Charter of 1681, which provides in pertinent

part, that all public officials in Pennsylvania Colony must be Christian. This general

background remained in force in the first American Constitution, The Articles of Confederation

of 1781, and was vouchsafed as valid by the Tenth Amendment. Given, this interpretive

background, it is fair to say that Pennsylvania Courts should try as much as possible to promote

basic Christian values when they are reasonable. Moreover, since the Pennsylvania Charter was

granted by the Episcopalian Catholic King of England, Charles II, House of Stuart, this general

approach to reality must be respected not only by the Pennsylvania courts, but also by the United

States Supreme Court. Thus, the whole problem identified by the Court in the Creche Scene

Case could easily have been avoided, and could now be easily avoided, by the Creche Scene

crowd to form a Not for Profit Corporation and lease the area for the Creche Scene, annually,
from Allegheny County on a long term basis. Thus, the Creche Scene will no longer be

displayed on County property, but instead on leasehold property which is privately owned.