Establishment Clause of the First Amendment

halls of school, because they may be targeted just because of who they chose to worship. Arguments have been made saying the government does not have the authority to intervene in religious related matters at school, but this is untrue. In the First Amendment of the…

The First Amendment states,“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…

The Court flatly declared that the “Constitution does not speak of freedom of contract” and that such a freedom is thus “a qualified, and not an absolute, right” under the Fourteenth Amendment. The court argued that while the Fourteenth Amendment bans arbitrary deprivation of life, liberty, and property by the state (or protects “procedural” due process, e.g., a right to a fair trial), it does not prohibit the states’ ability to “reasonably” regulate the terms of…

The Asian Society and the Sons of the Confederacy, the Court has put the policy of positive segregation under strict judicial scrutiny to conclude whether or not it has violated the Equal Protection Clause. The court affirms the initial ruling for the Asian Society because in the process of placing racial classification on the student groups, West Dixie has neglected to extend benefits to all races with a history of discrimination. Therefore the implementation…

At every meeting Congress has held, they have had a word of prayer before they’ve started. This raises the question: if the government can pray in their session, why does it have to be any different for the school session? Even at the first Continental Congress Benjamin Franklin promoted prayer among the meeting and announced “In the beginning of the contest with Great Britain, when we were sensible to danger, we had daily prayer in this room for divine protection. –Our prayers, Sir,…

Danbury Baptists, that was written in 1802. All three documents reference and acknowledge God, but also express the need of separation of church and state. The Declaration of Independence The fact that the Declaration of Independence was written first is very significant and important. The Declaration of Independence is basically a list of grievances against the British government, and King George III. Thomas Jefferson wrote it, with the intent of starting a separate government for the…

problem will always come up with religion and institutions. A court case that decided when a religious affiliation can be applied to schools. This is certain case came up with the “Lemon Test” (Cevallos page 2). This test is a part of the “Establishment Clause” which forbids both the advancement and the inhibition of a religion. In 1971 in a court case “Lemon v Kurtzman” a three step assessment determining the constitutionality of statute involving religion was created. This law states that the…

According to the first amendment of the US Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” (U.S. Const. amend. I). The Establishment Clause and the Free Exercise Clause create the textual basis for the Supreme Court’s interpretations of the “separation of church and state” doctrine. This means that the…

cases, the United States Supreme Court established the doctrinal basis for interpreting federal Native law and defined tribal sovereignty. In the first of three landmark court cases, Johnson v. McIntosh, the court ruled that Native American tribes could not convey land to private parties without federal consent. The Court reasoned that after the establishment of the US, the rights of the tribes to complete sovereignty were diminished. We do not agree with this ruling as it unjustly rendered…

The Constitution reflects the willingness of the Federalists to address the concerns of the Anti- Federalists was the Bill of Rights, which are the first ten amendments of the Constitution in 1791 to protect the rights of the citizens. The first ten Amendments of the Constitution were 1)freedom of speech, press, and religion and right to assemble peaceably and to petition government to redress grievances, 2)right to keep and bear arms, 3)protection against…