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Freedom of religion

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Chapter 19 - Section 1 and 2 Notes

Chapter 19 - Section 1 and 2 Notes

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Transcript

  • 1. Jumpstart Assignment
    • Describe the political cartoon below.
  • 2. Fundamental Freedoms: The 1 st Amendment Chapter 19
  • 3. Civil Liberties
    • Basic freedoms that are protected from government violation.
    • Are rights unlimited?
    • Civil Liberties vs. good of the public
  • 4.  
  • 5. The 14 th Amendment
    • 14 th Amendments “Due Process Clause” – “No State shall…. Deprive any person of life, liberty, or property, without due process of law…..”
      • This clause has been used to apply the Constitutional protections of the Bill of Rights to the States.
  • 6. Freedom of Religion
    • Establishment Clause: “Congress shall make no law respecting an establishment of religion.”
  • 7. A “wall of separation between church and state”?
  • 8. How would you describe the wall?
  • 9. Establishment Clause (continued)
    • Religion in Public Schools
      • Engel v. Vitale (1962) – the Supreme Court outlawed the use of a recited prayer in New York schools
  • 10. Can public high school football players pray before a game?
    • Santa Fe School District vs. Doe (2000)
      • Supreme Court struck down a Texas High School student led prayer
  • 11. Can student religious groups meet on school property?
    • Westside Community Schools vs. Mergens (1990) – public schools must allow student religious groups to meet in the school on the same terms that it sets for other student organizations.
  • 12. Can schools give kids “release time” to have religious classes?
    • McCollum v. Board of Education (1948) – not in public facilities.
    • Zorach v. Clauson (1952) – it’s okay as long as it’s on private property.
  • 13. Establishment Clause (continued)
    • Government Aid for Religion
    • Lemon v. Kurtzman (1971) – government laws must
      • Have a nonreligious purpose
      • Neither advance nor limit religion
      • Not result in excessive government involvement with religion
  • 14. Free Exercise Clause
    • “ Congress shall make no law… prohibiting the free exercise” of religion
    • Supreme Courts view: religious practices may be restricted if they threaten the health and safety of others or if they violate social standards.
  • 15. Free Exercise Case Studies:
    • Can Amish school children end at 8 th grade despite a state law which requires students to go until they are 16? Wisconsin v. Yoder
    • Can you smoke an illegal drug as part of a religious service? Oregon v. Smith
    • Can a school suspend a student for not saluting the U.S. flag even though the school requires it? West Virginia v. Barnette
    • Can you sacrifice animals as part of a church service? Lukumi Babalu Aye v. City of Hialeah

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