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Church, State, and Individual Liberties

Church, State, and Individual Liberties. PROTESTANT REFORMATION, ANGLICAN CHURCH AND COLONIZATION OF ENGLISH AMERICA THE CONSTITUTION/BILL OF RIGHTS SECOND GREAT AWAKENING FOURTEENTH AMENDMENT RELIGIOUS ISSUES . RELIGIOUS MOTIVATIONS COLONIZATION OF ENGLISH AMERICA.

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Church, State, and Individual Liberties

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  1. Church, State, and Individual Liberties

    PROTESTANT REFORMATION, ANGLICAN CHURCH AND COLONIZATION OF ENGLISH AMERICA THE CONSTITUTION/BILL OF RIGHTS SECOND GREAT AWAKENING FOURTEENTH AMENDMENT RELIGIOUS ISSUES
  2. RELIGIOUS MOTIVATIONSCOLONIZATION OF ENGLISH AMERICA 1517 Protestant Reformation: Martin Luther and the radical John Calvin 1534 King Henry VIII forms the Anglican (Church of England) Church Persecution of dissenters and Roman Catholics Divine Right of Kings Separatists and Plymouth Colony: “A godly experiment”
  3. Massachusetts Bay/Rhode Island“Winthrop …would launch one tradition in American thought, a tradition of Christians…inspiring the world…Williams’ contributed to the beginnings of an entirely different tradition...of individualism, law, rights, and freedoms.” John Barry Massachusetts Bay Rhode Island Governor Roger Williams Blood Tenet of Persecution “All people must be allowed Soul Liberty” First Synagogue in the U.S; all religions are welcomed No state supported church “Sewer of Society” Governor John Winthrop Holy Commonwealth Theocentric “we shall be as a City upon the hill” Direct Democracy Dissent not permitted Liberty is only God’s will
  4. Enlightenment/First Great Awakening Pennsylvania: “a holy experiment allowing persons of all religious persuasions.” Pre-Revolution two tax supported churches: Anglican and Congregational Enlightenment and rejection of Calvinist view-Age of Reason and Social Contract 1st Great Awakening and its impact Post-Seven Years War (1757-63) leads to Revolution
  5. Constitution and Article VI Final clause of Article VI: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
  6. Bill of Rights: FirstAmendment Compromise to protect citizens’ liberties 2 clauses: FreeExercise and NoEstablishment Not absolute Jefferson’s Letter “Separation of church and state”
  7. Letter to Conn. Baptist minister: “…a wall of separation between church and state.” (1802) “Religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship.”
  8. 9th Amendment “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people” The right of privacy is one that all people have although not specifically enumerated. 2nd Great Awakening (1800-1840s) A reaction to Thomas Paine’s Age of Reason Deism and reliance on reason, not revelation 2nd Great Awakening a religious response – emotional revivals New religions and promoting reforms
  9. Fourteenth Amendment “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws” Post Civil War amendment Purpose to protect the newly freed slaves Defined citizenship and protection from state laws and government actions Applied most of the Bill of Rights’ protections to the states, including the first amendment
  10. Supreme Court and “No Establishment” Cases heard since the 1960s regarding the Establishment Clause have ruled that the 14th Amendment applies the first amendment to the states and their local governments. An overview of some issues, with often a divided court, center around: Public schools and protection of children: prayer, invocations, bible/ten commandments, Evolution v. Creationism/Intelligent Design in the science classes, symbols, “under God” in the pledge Government land: crosses and other religious symbols, Ten Commandments, cultural symbols?? (Xmas Tree, Menorah) Lemon v. Kurtzman (1971 Lemon Test for government –Federal, State and Local) Law must have a secular purpose Principal or primary effect must be one that neither advances nor inhibits religion Must not foster an excessive government entanglement
  11. Contraception: Comstock Laws, Sanger, Griswold v. Conn. (1965) and 2012 political campaign Anthony Comstock: campaign for legislating public morality (backed by the Roman Catholic Church and some Protestant) Federal law and state laws in support of banning literature/devices on contraception. Women and physicians were fined/ imprisoned 1938 Margaret Sanger case: ruled the federal law unconstitutional States continued to enforce Comstock laws and in 1965, Griswold v. Conn. ruled against the Conn. Law applying to married women: “Would we allow the police to search the sacred precincts of marital bedrooms for telltale sign of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship” Eisenstadt v. Baird extended the right to privacy to unmarried people and Roe v. Wade extended the right to abortion 2012 Election Issue on providing contraception under federal health mandated insurance
  12. A Cheap Solution for Female Health Services
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