Case 4.2 Establishment Clause

Improved Essays
4.2 Establishment Clause
Does the display of the Ten Commandments in the counties' courthouses violate the Establishment Clause?
Yes, the display of Ten Commandments in the McCreary and Pulaski counties courthouses violates the Establishment Clause of the United States Constitution because the clause prohibits federal, state, and local governments form establishing a government-sponsored religion or promoting one religion. In this case, the American Civil Liberties Union (ACLU) of Kentucky, were aware that it was necessary to have a preliminary injunction, ordering the removal of the Ten comments from both courthouses because it was offensive and discriminatory for those people who are not Christians to be judge by a courthouse who are promoting this particular religion. However, the U.S. district court is taking further actions against both counties's courthouses for adding copies of the Magna Carta, the Declaration of Independence, and the Bill of Rights to be display in the Ten Commandments. Once again, we can determine that
…show more content…
In this particular case the driver-Sarah Mitchell breached the Duty of care because the speed limit of the "jump the hills" on Edgewood Avenue was 40 miles per hour and Mitchell speeded up her car to jump the hills at 80 miles per hour causing the car to airborne and sideswiped both utility companies poles. For such reasons, Sarah Mitchell, Adam Jacobs and David Messer are guilty breach of the duty of care to act as a reasonable person would act. For not being reasonable person the caused the lives of Mitchell and Jacobs. As the evidence presented above, both utility companies will be accused of the actual cause of negligence which means that both companies will not be liable unless the causation of fact can be

Related Documents

  • Improved Essays

    Selective Incorporation is a constitutional legal code that protects the rights of a citizen that is ensured in the Bill of Rights. It has been used in numerous cases throughout time to remind everyone that every citizen’s rights are protected. Some cases include Town of Greece v. Galloway, McDonald v. Chicago, Benton v. Maryland, and Atkins v. Virginia. In these cases, multiple people were tried for what were misunderstood as wrongdoings. Selective Incorporation is used widely in the judicial branch by judges and the jury to determine a verdict.…

    • 1273 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Citation: Croft vs. Governor of Texas, 562 F.3d 735 (5th Cir. 2009). Parties: David W. and Shannon K. Croft: Parents of minor Children - Plaintiffs / Appellants Governor of the State of Texas, Rick Perry - Defendant / Appellee Facts: In 2006, David and Shannon Croft, parents and friends of three minor children, filed a suit alleging the Texas Pledge and Minute of Silence Statute was unconstitutional. Each morning, Texas public school students are mandated to pledge allegiance to the United States and Texas state flag and observe a minute of silence. The Crofts sued Governor Rick Perry on behalf of their children who attended the Carrolton-Farmers Branch Independent School District. The Crofts argue the 2003 amended statute…

    • 1339 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Jaffree Case Outline

    • 1288 Words
    • 5 Pages

    Ishamel Jaffree lives in Mobile County, Alabama. May 28, 1982 Jaffree filed a complaint because of a daily school prayer said in his children’s school. The prayer was allowed because of an Alabama statute that allowed for a moment of silence for either prayer or silent meditation. Since 1981, Jaffree’s children did not pray and were taunted for it. Jaffree frequently asked for the school to stop.…

    • 1288 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Byerly 5 Ben Byerly Professor Sharifian 9/30/17 Govt 2305 Civil rights v. Civil Liberties Since the foundation of America, many people who lived in the new country struggled to obtain the basic civil rights and liberties that were necessary for a republic. Whether men were treated differently because of the color of their skin, gender, or ethnicity, the equality that was desired for Americans was not granted till the fourteenth amendment was passed. Unlike civil rights, civil liberties are constantly changing as terms are defined and the supreme court determines the correct ruling on cases.…

    • 827 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Us Constitution Dbq

    • 1075 Words
    • 5 Pages

    The United States Constitution was written over the course of nearly four months and quickly became the most important document in U.S. history. Many of this historic document’s ideals can be found in two very important documents from the past. Both of these documents contained public rulers transferring their power to the people.…

    • 1075 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court is WRONG!! Engel v. Vitale (pg. 757) Engel v. Vitale. Majority of people have never heard of this Supreme Court case. However the impact that this Supreme Court case had was tremendous.…

    • 1944 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Lemon Vs Kurtzman

    • 846 Words
    • 4 Pages

    Since the birth of our nation, we have been provided with amendments set in place to protect our freedoms. This set of amendments is known as the bill of rights, and they serve as a guideline for laws so we can determine if they are just or unjust. Since most of the constitution and bill of rights is up to interpretation, there end up being quite a few discrepancies over what the text of these documents actually mean. Because of this we have a Supreme Court that is there to play referee and make the decision over which side is right. In the case of Lemon v. Kurtzman, the plaintiff has claimed that the states of Pennsylvania and Rhode Island have been violating the first amendment’s establishment clause by giving public funds away to church-related…

    • 846 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Chirag N. Rao Political Science Essay#2, Topic= the Civil Rights and the Liberties Scenarios, Due= Thursday, February 19th, 2015 The hearing of an appeal to post Ten Commandments on the walls of a public or government building is an interesting case, whose relevance goes back to the famous phrase, namely, “Separation of Church and State”. Roots of this phrase can be traced all the way back to a letter written by Thomas Jefferson in January of 1802 to the Danbury Baptist Association in Connecticut. Though the First Amendment clause against establishment of religion by law was to ensure that there was separation between religion and government, various courts to this day are still hearing cases and this remain an ongoing subject of interpretation and perspectives. I believe this is so because the various court decisions and legislation such as First Amendment, Lemon Test, Civil Rights and Liberties make it ambivalent between separation of religion and that of freedom to practice religion.…

    • 863 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    It does not say anything about the separation of church and states, but to grant us religious freedom. It also implores us to petition our government if it does infringe on our religious freedoms guaranteed to us in the First…

    • 1171 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The perception of the Establishment Clause has several components. This clause does not only prevent the government from establishing an official religion, but it prohibits the…

    • 1504 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Plagiarism Vs Constitution

    • 1114 Words
    • 5 Pages

    The document entitled, The Constitution of the United States has infringed on the works of the plaintiffs who wrote these documents prior to 1787 when the Constitution was written. I propose that there are many similarities, might I add even plagiarism, within the Constitution. The theories and philosophies of the Constitution mimic the documents written by the plaintiffs. I will cite specific examples demonstrating the resemblances between the Constitution and the plaintiffs’ documents as follows: Magna Carta, Petition of Right, English Bill of Rights, The Second Treatise by John Locke, The Spirit of Laws by Charles de Montesquieu, The Spirit of Laws, and The Elements of Law, Natural and Political by Thomas Hobbes. First in Magna Carta it mentions that, “The English church shall be free.”…

    • 1114 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Fifth and Fourteenth Amendments of the U.S. Constitution agrees due process as the Fifth “has an explicit requirement that the federal government not deprive any individual of life, liberty, or property without the due process of law” and the Fourteenth “explicitly prohibits states from violating an individual’s rights of due process and equal protection” (Overholt et al, 2008, par. 2). These due process protections require that an officer have a fair process before they disciplined or fired if the act is related to officer’s liberty or property interest (Overholt et al, 2008). A property interest is where a police officer expects to continue his job under rules established by “a collective-bargaining agreement that requires…

    • 380 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Constitution of the United States is best understood as the product of a balancing act between the Founders’ desire to avoid a tyranny and their recognition of the need to form a strong government that would ensure national stability and prosperity. The Appointments Clause of the Constitution fits within this framework nicely. Article II, Section 2, Clause II of the Constitution states that “the President…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the supreme Court.” The clause establishes a clear division of power between the executive and legislative branches in nominating and confirming Supreme Court Justices.…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The first amendment of the constitution is the right of free speech; throughout our history the first amendment has been interpreted in a number of ways. Despite this fact all Americans agree that this is one of our most important rights, and lays the foundation for our nations core beliefs. The first amendment is a short statement “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.” (1) Though it holds a great deal of power, it upholds strong personal values, and sets a precedent for the future of our country.…

    • 1249 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Hammurabi History

    • 809 Words
    • 4 Pages

    Although it has been more than 3,000 years since the Babylonian empire rebelled against the Assyrians in 626 BCE, it is safe to say that culture wise not much has changed or has shifted when it comes down to creations that are believed to have been and are currently essential in modern times and present times. What is believed to be essential are either structures, items, or a system of rules that contributes to a society and enables it to achieve greatness in that societies eyes. Now that the understanding of what can be essential is understood, it can be said that the same beliefs are held in current times. In the Babylonian times, what was believed to be significant for mankind was known as “The Code of Hammurabi”, which was the first…

    • 809 Words
    • 4 Pages
    Improved Essays