Unit 5 1 Civil Liberties Free Religion

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Information about Unit 5 1 Civil Liberties Free Religion

Published on July 10, 2008

Author: davidjosman

Source: slideshare.net

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.

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.

Rights and Freedoms Right to bear arms Freedom of speech Right to legal council (a lawyer) Protection from cruel and unusual punishment Freedom of press Right to jury trial Freedom of religion Right to protest Protection from self-incrimination (‘I plead the 5 th ’) Protection from unreasonable searches and seizures (police need a warrant, etc…)

Right to bear arms

Freedom of speech

Right to legal council (a lawyer)

Protection from cruel and unusual punishment

Freedom of press

Right to jury trial

Freedom of religion

Right to protest

Protection from self-incrimination (‘I plead the 5 th ’)

Protection from unreasonable searches and seizures (police need a warrant, etc…)

Civil Liberties “ Freedom of Religion”

1 st 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.”

“ 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.”

FIRST AMENDMENT AND RELIGION FREE RELIGION It is one the central concepts of our democracy. Our country was founded on freedom of religion 1st and the 14th AMENDMENTS both guarantee religious freedom at federal and state level

FREE RELIGION

It is one the central concepts of our democracy. Our country was founded on freedom of religion

1st and the 14th AMENDMENTS

both guarantee religious freedom

at federal and state level

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)

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)

ESTABLISHMENT CLAUSE “ Congress shall make no law respecting an establishment of religion

“ Congress shall make no law respecting an establishment of religion

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 .

ESTABLISHMENT CLAUSE

sets a separation between government and religion;

yet government and religion do cross paths.

Most “establishment clause” cases involve religion and education .

FIRST AMENDMENT AND RELIGION “ establishment clause” How do they determine what is or is not separation of church and state? Three ways to interpret the “establishment clause:” Broad interpretation Narrow interpretation Literal interpretation

How do they determine what is or is not separation of church and state?

Three ways to interpret the “establishment clause:”

Broad interpretation

Narrow interpretation

Literal interpretation

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.

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.

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” Purpose of government assistance must be clearly NON-religious Its affect must not promote or prohibit religion. Government must avoid an “excessive government entanglement” with religion.

LEMON v KURTZMAN - 3 pronged test

helps the Court determine what is a violation of the establishment clause.

“ Lemon Test”

Purpose of government assistance must be clearly NON-religious

Its affect must not promote or prohibit religion.

Government must avoid an “excessive government entanglement” with religion.

A state law requires that the Ten Commandments be posted in each public school classroom. Violates the establishment clause Doesn’t violate the establishment clause

Violates the establishment clause

Doesn’t violate the establishment clause

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. Violates the establishment clause Doesn’t violate the establishment clause

Violates the establishment clause

Doesn’t violate the establishment clause

Enter question text... Violates the establishment clause Doesn’t violate the establishment clause

Violates the establishment clause

Doesn’t violate the establishment clause

A county court-house has a nativity scene placed on the steps of the court-house. The natitivy scene is stored at a local county owned storage facility. Violates the etablishment clause Doesn't violate the establishment clause

Violates the etablishment clause

Doesn't violate the establishment clause

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 .

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 .

A state law authorizes a one-minute period of silence in all public schools for meditations or voluntary prayer Violates the establishment clause Doesn’t violate the establishment clause

Violates the establishment clause

Doesn’t violate the establishment clause

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.

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.

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.

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.

http://wheels.blogs.nytimes.com/2009/11/11/i-believe-license-banned-by-judge/?hp

A state government pays a chaplain to open each legislative session with a prayer Violates the establishment clause Doesn’t violate the establishment clause

Violates the establishment clause

Doesn’t violate the establishment clause

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.

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.

Free Exercise of Religion ‘ Free exercise’ Clause Practice any religion as you see fit Should there be any limits to ‘free exercise’ ???

‘ Free exercise’ Clause

Practice any religion as you see fit

FREE EXERCISE CLAUSE Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

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

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

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: Does the person has a claim involving a sincere religious belief? 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 prove that the government has a "compelling state interest" that the government has pursued the “interest” in the manner least restrictive, or least burdensome, to the religion

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:

Does the person has a claim involving a sincere religious belief?

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 prove

that the government has a "compelling state interest"

that the government has pursued the “interest” in the manner least restrictive, or least burdensome, to the religion

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