how much do you remember about the beginning of the year??? who argued for a bill of rights to be...

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The Constitution and First Amendment Rights How much do you remember about the beginning of the year??? Who argued for a Bill of Rights to be added to the Constitution? What IS the Bill of Rights, and what is the purpose of it? Let’s start at the beginning… with the First Amendment!

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Page 1: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

The Constitution and First Amendment Rights

How much do you remember about the beginning of the year???

Who argued for a Bill of Rights to be added to the Constitution?

What IS the Bill of Rights, and what is the purpose of it?

Let’s start at the beginning…with the First Amendment!

Page 2: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

The Constitution and First Amendment Rights

The First Amendment protects our freedom of: Religion Speech Press Assembly

Page 3: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

The Constitution andFirst Amendment Rights

Believe it or not, it was not until 1925 that the Supreme Court had to begin the process of applying the First Amendment to the activities of state and local governments!

NO level of government would be able to deny citizens the freedom to enjoy these basic liberties of free speech, press, and religion.

Page 4: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

The Constitution andFirst Amendment Rights

Many people filed suits in federal courts claiming that state and local government activities infringed upon these freedoms.

Supreme Court had to define the meaning of these words and figure out when specific actions taken by these governments denied citizens their fundamental liberties.

Page 5: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

FREEDOM OF RELIGION

Page 6: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Before a Friday night high school football game, a group of students leads the stadium crowd in prayer. Is this constitutional? How are decisions like this made?

Well….we need to look at the Constitution!

Page 7: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Two Clauses:Establishment Clause Free Exercise Clause

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

Establishment Clause- “Congress shall make no law respecting an establishment of religion…”

What does this actually mean? Separation of Church and State Prohibits establishment of a national religion Prohibits the preferential treatment of one

religion over another

Page 8: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Two Clauses:Establishment Clause Free Exercise Clause

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

Free Exercise Clause- “Congress shall make no law… prohibiting the free exercise thereof…”

What does this actually mean?

Page 9: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Freedom of Religion

Why was this so important to our Founding Fathers?

Our freedom of religion is the very first sentence in the very first amendment

in the Bill of Rights.

WHY???

Page 10: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Supreme Court “Tests”

Just as I asked you to interpret the meaning of the these words, the Supreme Court has had to do the same thing!

They have developed tests to determine when citizens are afforded protection by the provision in the First Amendment.

Today our focus will be on the Establishment Clause of the First Amendment (Freedom of Religion).

Page 11: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

The Lemon Test

Established during Lemon v. Kurtzman (1971) Consists of 3 Prongs

Must have a secular (non-religious) legislative purpose (Lay)

Must not result in an "excessive government entanglement" with religion. (Easily Monitored)

Must not have the primary effect of either advancing or inhibiting religion (Openly Neutral)

If the statute fails any of the three prongs, it has violated the Establishment Clause.

Page 12: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Try the Test

Student led prayer before football games State funding to parochial schools Mandated prayer in public schools Requiring schools to teach creationism

alongside evolution Displaying a city-funded Nativity scene Displaying a Christmas tree in city hall National Prayer Day

Page 13: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Wait a minute…

Prayer in Congress

Page 14: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Two Clauses: Establishment Clause Free Exercise Clause

Free Exercise Clause- the government cannot prohibit the free exercise of religion

What exactly does this mean?

Page 15: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Establishment vs. Free Exercise

Establishment Clause – deals with court cases that involve government policies aiding religion.

Free Exercise Clause – deals with court cases that involve government policies burdening religion. Most do not discriminate against a particular

religion directly but impose a hardship when applied to certain groups.

Page 16: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause:Belief vs. Action

The freedom of belief is an ABSOLUTE right in the Bill of Rights.

BUT belief can involve action, which the government can regulate Can’t use religion as a justification for a crime

Free exercise class DOES NOT protect actions that are violation of social duties or actions that are contrary to society’s interests.

Page 17: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause:Belief vs. Action

Examples of what the Court has said: Religious belief in human sacrifice does not

exempt you from murder. Children must be vaccinated against parents’

religious beliefs. Can’t use poisonous snakes in ceremonies. Can’t deny children medical help because of

religious beliefs.

Page 18: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause:Supreme Court Test

Does the law target a particular group or individual?

Beliefs must be “sincerely held” – weigh interest of the individual against the government’s interest.

Individuals must prove that the government is forcing them to violate their beliefs.

Page 19: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause:Examples

Violations of Free Exercise: Unemployment Benefits – Can’t deny these to

people who quit jobs (7th Day Adventists – no Saturday work)

Compulsory Education – Amish beyond the 8th grade

Use of peyote by American Indians in rituals

Page 20: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause:Examples

Non-Violations (Compelling State Interest) Conscientious Objectors – government interest

in a uniform draft outweighs anti-war belief Social Security – can make Amish pay social

security even though they never take it. Racial Discrimination – can deny tax exempt

status to private schools that practice racial discrimination

Military dress – can force men to remove yarmulke.

Page 21: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause Cases

Lukumi Babalu Aye, Inc. v. Hialeah (1993)The city of Hialeah, Florida enacted a series of ordinances to ban animal sacrifice shortly after a Santeria church announced plans to open in the city. Court ruled that ordinances were unconstitutional because they targeted the church specifically

Employment Division v. Smith (1990)Members of a Native American Church were fired

from their jobs and were refused compensation for ingesting peyote, a powerful entheogen, as part of a religious ceremony.

Court ruled in favor of the state because the state laws against drug use applied to all citizens, and were not directed at the Native American religious practice

Page 22: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Free Exercise Clause Cases cont.

Texas Polygamist Compound While the government cannot prohibit the

free exercise of religion, people are not free to worship in ways that violate laws protecting the health, safety, or morals of the community.

Page 23: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Freedom of Religion: So it’s all clear now, right???

Hmmm…what about these: Public officials take an oath of office in the

name of God “In God We Trust” is on our money! Church property and contributions are exempt

from taxes Sessions of Congress begin with a prayer

Should the Establishment Clause prohibit these practices?

Page 24: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Different Interpretations

Strict separationists oppose ANY commingling of church and state functions

Accommodationists believe that at times government should make allowances for the role of religion in society Otherwise, government would be hostile to

religion and risk violating the Free Exercise Clause!

Page 25: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Different Interpretations

Strict Separation: Stevens, Souter, Ginsberg, Breyer Prevents government from providing any aid

to religion whatsoever No tax money for religion Can give religion same services as anyone

else (fire, police, etc.) Can provide assistance that makes it easier

for people to practice The notion of a high “wall” of separation

between church and state

Page 26: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Different Interpretations

Accommodation – Rehnquist, Scalia, Thomas Only prohibits the establishment of an official

government religion Wouldn’t prohibit the government’s participation in

religious practices OK for the state to participate in Christmas

celebrations as long as we don’t declare Christianity the official state religion.

The purpose of the Establishment Clause is not to erase religion – just can’t make it official. Thus, vouchers, moments of silence, faith-based initiatives are OK.

Test: As long as government isn’t establishing an official religion, it can aid religion in an unbiased way.

Page 27: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Different Interpretations

Government Neutrality – O’Conner, Kennedy, Breyer Government can support religion in general so

long as it does not give one religion preferential treatment.

“In God We Trust” is OK on coins; non-denominational prayer is OK.

Government can’t be hostile to religion or violate the Free Exercise Clause.

Test: In between Strict and Accommodation – Government should be neutral to religion – the LEMON test

Page 28: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Overall Rulings: School Issues

Parochiad: funding to religious schools Bus transportation to parochial schools OK Parochial teachers can NOT be paid with state

funds Federal grants CAN be used to erect buildings

at religiously affiliated colleges as long as the buildings are not used for religious purposes.

Page 29: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Overall Rulings: School Issues

School Prayer – most controversial! Banned use of prayer written by NY State Overturned PA ruling requiring the reading of

the Lord’s Prayer Overturned KY law requiring copies of Ten

Commandments posted in public schools Moment of silence law in Alabama

unconstitutional Prayer can’t be part of graduation ceremony

Page 30: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Overall Rulings: School Issues

Equal Access Forbids teacher involvement If school allows use of building after hours for

non-religious purposes, then must for religious groups but not for religious purposes

Evolution Cannot prohibit teaching of evolution

Page 31: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Overall Rulings: Religion in the Public Square

Holiday Displays Can have a nativity scene if it includes secular

symbols as well like Santa and his reindeer Pittsburgh – OK to have a Christmas Tree,

Menorah, and Kwanzaa display – because it is cultural BUT cannot have a nativity scene inside the County

Building without secular symbols because it implies government endorsement of religion.

Prayer in Legislation Allowed in Congress – historical roots of legislative

bodies and these are adults, not children

Page 32: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

Overall Rulings: Government Regulations that Benefit Religion

Sunday Closing Laws Serve a secular purpose of creating a uniform

day of rest and relaxation Tax Exemption

Government’s “benevolent neutrality” towards religion, not its official support.

Page 33: How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights,

REVIEW!

How many parts does the Lemon Test have? Name one of the two 1st Amendment

clauses on freedom of religion Which clause prohibits the establishment of

a national religion? Which clause separates church and state? What does “secular” mean? Which clause allows people to practice

religion without restraint as long as they do not violate state or federal laws?