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First Amendment

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First Amendment

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  1. Date: April 10, 2013Topic: Freedom of ReligionAim: How has religious freedom been defined by the Supreme Court?Do Now: Describe the following provisions and explain how each has been used to expand federal power – a.) The power to tax and spend b.) The elastic clause c.) The commerce clause.

  2. First 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. What are the clauses?

  3. QUICK REVIEW! QUICK REVIEW! QUICK REVIEW! HOW CAN WE NOW BREAK DOWN THE FIRST AMENDMENT?

  4. Free Exercise of Religion • The court has been historically very open in the free exercise of religion (like speech). • Church of the LukumiBabalu Aye v. Hialleah (1993)– animal sacrifice would be allowed in the Church of Santeria. • Reynolds v. United States (1878) – free exercise clause does not permit criminal activity like bigamy/polygamy – Federal Anti-bigamy Law. • What about conscientious objectors? • The court has said you do not necessarily have to believe in a supreme being to be an objector.

  5. Establishment Clause • Supreme Court has made the wall of separation doctrine between church and state. • Nothing specifically in the Constitution that states separation of church and state – applied by the courts through the first amendment. • Everson v. Board of Education (1947) - wall of separationdoctrine defined. • Engel v. Vitale (1962) – no prayer in public schools. • Lee v. Weisman (1992) - no prayer at graduation either. • Lemon v. Kurtzman (1971)- established the three pronged test on whether or not the establishment clause has been violated. • a.) The government action must have a secular religious purpose. • b.) The governments action must not prohibit or advance a religion. • c.) The governments action must not result in an excessive entanglement with religion. LEMON TEST!

  6. Michael Newdow There is still confusion… • In God We Trust – YES! • Under God – YES for NOW. • Ten Commandment displays – sometimes.

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