Grandfather clause

Affirmative action, by definition, is an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education. Using varying instruments and policies, Affirmative Action aims to help underrepresented groups have a better job opportunities or college admissions. Generations of people have been disadvantaged by institutionalized discrimination and one way to remedy this is to place a policy that evens out the playing field. There has been…

The Framers of the Constitution failed to clarify the meaning of the word necessary and the word proper. Due to this flaw the Necessary and Proper Clause has been debated many times. Alexander Hamilton believed that the clause should be viewed broadly. While, Thomas Jefferson believed that the clause should be strictly interpreted. The Supreme Court favored Hamilton’s view in the case of McCulloch v. Maryland for the National Bank. Chief Justice John Marshall, Judge of McCulloch v. Maryland,…

Pleasant Grove City v. Summum draws upon lesser-known religions not being given the same liberty as more popular religions. Here, a public park had 11 permanent privately donated displays including the Ten Commandments. The Summum religion is a sect of the Christian religion that believes in two versions of the Ten Commandments, the first being destroyed and the second, known as the seven aphorisms are what should rule. They petitioned the city to allow them to place their version of the Ten…

Rush Limbaugh has nothing to do with Engel v Vitale, the Red Scare or religions’ proper place in the educational system in the 1960s, but this quote describes exactly what permeated the minds of Americans at the time. It was conservatives against liberals, the United States against the Soviets, religion against secularism, First Amendment activists against anti-Communist crusaders and so on. Freedom from an established religion and the ability to freely exercise any religion of your choosing are…

The first amendment states that citizens in America have the right to practice whatever religion they want, and the government cannot promote or discriminate any one religion. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Some people think this means that even though the government cannot promote a religion, schools or government spaces should be able to acknowledge God. Public school teachers should have the right to teach about…

our government does not force a specific type of religion for to practice as citizens of this country. Our country should not be stereotyped to follow one religion, we have many cultures and religions that make up our country. The free exercise clause is an important part of having religious freedom in the United States. It basically states that the government cannot make laws stating what religion we can practice or whom we can worship. This law also grants some exceptions to individuals in…

hand, the Establishment Clause is focused on the actions of government institutions and employees. If, for example, a public school teacher tells a student in class that Christianity is the only true religion, this teacher has violated the Establishment Clause because the government (which the teacher represents when acting in his or her capacity as a government employee) is prohibited from endorsing religious beliefs or practices. On the other hand, the Free Exercise Clause is focused on…

The question of a student’s expression of religion either by prayer or an assignment in a public school classroom creates a labyrinth of debate. Addressing this issue is like entering into Pandora’s Box, only to find Medusa there. The question is whose God or gods will help us resolve the dilemma of personal rights verses offenses. Will it perhaps be Zeus, Athena, or Perseus? Oh have I already offended someone? Could limiting my discussion to only the Greek god and goddesss cause a prolific…

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…

Allegiance, then a non-denominational prayer in which students were to recognize their independence upon God. Then, in 1962, a parent sued on behalf of his child, arguing that the law violated the Establishment Clause of the First Amendment, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment. The case was moved all the way to the Supreme Court, which resulted in a six to one vote in favor of the plaintiff. The judges stated that the school could not force…