unit 5 1 civil liberties free religion
TRANSCRIPT
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Alien Terrorists have arrived!!!
• The United States has been invaded by hostile forces from an extraterrestrial, terrorist organization, and the federal government has been over thrown.
• The leader of the new government is a dictator, but will allow American citizens to retain five fundamental liberties guaranteed by the Constitution.
• Select the five fundamental rights that are most important to you.
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Rights and FreedomsRight to bear armsFreedom of speechRight to legal council (a lawyer)Protection from cruel and unusual punishmentFreedom of pressRight to jury trialFreedom of religionRight to protestProtection from self-incrimination (‘I plead the 5th’)Protection from unreasonable searches and seizures
(police need a warrant, etc…)
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Civil Liberties
“Freedom of Religion”
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1st Amendment“Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
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FIRST AMENDMENT AND RELIGION
• Prohibits the establishment of religion by the government– (establishment clause)
• Prohibits any arbitrary interference by the government with the “free exercise” of religion.– (free exercise clause)
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ESTABLISHMENT CLAUSE
“Congress shall make no law respecting an establishment of religion
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FIRST AMENDMENT AND RELIGION “establishment clause”
• ESTABLISHMENT CLAUSE– sets a separation
between government and religion;
– yet government and religion do cross paths.
• Most “establishment clause” cases involve religion and education.
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FIRST AMENDMENT AND RELIGION “establishment clause”
• Broad interpretation– Absolutely no government aid will be given to religion-except
for usual police, fire protection, but tax dollars will not go to support religion in any form or fashion
• Narrow interpretation– As long as the government does not give preference to one
kind of religion over another, it is accepted.
• Literal interpretation– As long as the government is not establishing a mandatory
state church that everyone has to attend, then the aid is acceptable.
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FIRST AMENDMENT AND RELIGION“establishment clause”
LEMON v KURTZMAN - 3 pronged test• helps the Court determine what is a violation of the
establishment clause.
– “Lemon Test”1.Purpose of government assistance must be
clearly NON-religious2.Its affect must not promote or prohibit religion.3.Government must avoid an “excessive
government entanglement” with religion.
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The state of Texas is given a monument to the Ten Commandments outside the
Capitol. It is one of many statues given to the state outside the Capitol.
Violate
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1. Violates the establishment clause
2. Doesn’t violate the establishment clause
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Enter question
text...
Violate
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50%50%
1. Violates the establishment clause
2. Doesn’t violate the establishment clause
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FIRST AMENDMENT AND RELIGION “establishment clause”
TAX SUPPORTED BUSES FOR PRIVATE SCHOOLS:EVERSON v. BOARD OF EDUCATION• A state law in New Jersey provided public tax money
– Busing all students, including those who went to religious schools
• Those who challenged said that freed the religious schools of transportation money needed and allowed them to spend the money for religious purposes.
• The courts said the New Jersey law did not overstep the “establishment clause” because the bus system benefited the safety of all the children.– They upheld the law as constitutional.
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A state law authorizes a one-minute period of silence in all public schools for meditations or voluntary prayer
0%0%
1. Violates the establishment clause
2. Doesn’t violate the establishment clause
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FIRST AMENDMENT AND RELIGION “establishment clause”
PRAYER IN SCHOOLS• ENGLE v. VITALE (1962)
– Can’t start the day with even a “voluntary” prayer. The state of New York wrote the prayer and the students had to hear it everyday.
• WALLACE v. JAFFREE (1985)– can’t have a moment of silence
specifically stated for “prayer.” in school. “Moment of silence” is still allowed.
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FIRST AMENDMENT AND RELIGION “establishment clause”
STUDENT RELIGIOUS GROUPS:
• WESTSIDE COMMUNITY SCHOOL v MERGENS: (1984 &1985)– School must not lead or direct a
religious club it does permit student initiated and student led clubs after or before school, on the campus, this is allowed to all clubs in schools.
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A state government pays a chaplain to open each legislative session with a
prayer
0%0%
1. Violates the establishment clause
2. Doesn’t violate the establishment clause
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FIRST AMENDMENT AND RELIGION “establishment clause”
PRAYER AND LAWMAKING BODIES (1983)– history and tradition make
this acceptable according to the courts
– adults are not subject to the ridicule that a student might be subject to
• therefore it has be upheld as constitutional.
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Free Exercise of Religion
‘Free exercise’ Clause– Practice any religion
as you see fit
Should there be any limits to ‘free exercise’ ???
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FREE EXERCISE CLAUSE
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
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FREE EXERCISE CLAUSE
• Prohibits the government from punishing someone on the basis of the person’s religious beliefs
• Court has defined a religious belief as “a belief that must occupy a place in the believer’s life parallel to that occupied by orthodox religious beliefs” (US v. Seeger)
• Court may not declare a religious belief to be false, but may determine whether the person is sincere in asserting a belief
• Religious beliefs may never be prescribed ore coerced by the state (i.e. religious oaths for governmental jobs are prohibited)
• The state may regulate and even ban actions or practices that grow out of religious beliefs
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The Sherbert Test• The Sherbert Test (1963) consists of four criteria that are
used to determine if an individual's right to religious free exercise has been violated by the government.
• First of all:1. Does the person has a claim involving a sincere religious belief?
2. Is the government action is a substantial burden on the person’s ability to act on that belief?
• If these two elements are established, then the government must prove1. that the government has a "compelling state interest"
2. that the government has pursued the “interest” in the manner least restrictive, or least burdensome, to the religion