The Bill of Rights

1
The Bill of Rights

• Added to Constitution Dec. 15, 1791

2
The Constitution and the laws passed by Congress
have created Civil Liberties and Civil Rights

• A. Civil Libertiesprotection against government
  action
• 1. Examples freedom of religion, speech,
• and press.
• B. Civil Rights---positive acts of government
  that seek to make the Constitutional liberties a
  reality for all people.
• 1. Includes prohibitions of discrimination
  
• on the basis of race, sex, religion,
  national
• origin set out in the Civil Rights Act of
  1964.

3
Rights, Freedoms and Liberties are not Absolute

• Absolute freedom absolute chaos
• Yelling fire (when there isnt one) in a crowded
  theater in not protected free speech.
• Obscenity is not protected free speech.
• In General ---Your rights end where the next
  persons begins.
• Another way of saying it is your right to swing
  your fist ends at another persons nose.

4
To whom are rights, freedoms, and liberties
given???????

• The Constitution says to all persons, not just
  citizens---therefore people in this country who
  are not citizens are also guaranteed most rights,
  freedoms, and liberties.
• Exception the unwritten right to travel
  freely inside the country is not given to non
  citizens.

5
Are the rights, freedoms, and Liberties listed in
the Constitution the only ones we have?????

• No !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• 9th. Amendment to Constitution says the
  enumeration of certain rights, shall not be
  construed to deny or disparage others retained by
  the people.
• It has been the job of the Supreme Court to
  determine what those rights are.
• Examples a womans right to choose,
• The right of citizens to travel freely inside
  the United States.

6
1st. Amendment---Freedom of Expression

• Freedoms of religion, speech, press, the right to
  peacefully assemble, and to petition the
  government.
• A free country cannot exist without the right of
  free expression.

7
Freedom of Religion

• Establishment Clause
• Congress shall make no law respecting an
  establishment of religion,
• Free Exercise Clause
• or prohibiting the Free exercise thereof

8
The Virginia Statute for Religious Freedom 1786

• Among the sources for the Bill of Rights was the
  Virginia Act for Establishing Religious Freedom,
  which Thomas Jefferson first proposed in 1779 and
  the General Assembly of Virginia adopted in 1786.

9
The Establishment Clause

• Jefferson said in a letter that there should be
  a wall of separation between church and state.
• The question left to the Supreme Court to decide
  is how high should that wall be?
• The Supreme Court on numerous occasions has said
  that government and religion are not enemies or
  strangers to one another.

10
Relationships between Government and Religion
that have not been found in violation of the
Establishment Clause

• Churches free from taxation
• Chaplains in armed services
• Oath of office in name of God
• Congress begins sessions with prayer
• In God we trust on money
• Pledge includes one nation under God

11
Can a state law require public tax supported
busing of students who attend parochial schools??

• Yes, Everson v. Board of Ed 1947
• Court ruled safety of children more important
  than any violation of the Establishment Clause

12
Can a local school board require religious
education in public school classrooms????

• No, McCullum v. Board of Ed 1948
• Supreme Court said that this was in violation of
  the Establishment Clause. It was government
  promoting religion.

13
Can a local school board allow released time for
religious education off school grounds????

• Yes, Zorach v. Clauson 1952
• The Supreme Court ruled this way because it was
  off school grounds, not required by the school,
  not financed by the school, and the students had
  parental permission.
• Ruling differently would have infringed upon
  parents rights to raise their children.

14
Can a State require by law that all businesses be
closed on Sunday out of respect for the Christian
Sabbath??????????????

• No, McGowan v. Maryland 1961
• These laws were common in most states. They were
  nicknamed Blue Laws.
• Supreme Court said that the state was promoting
  religion and specifically promoting the Christian
  religion.

15
Can a state require that the school day begin
with a written prayer even though students did
not have to participate and the prayer was
non-denominational ?????????????

• No, Engel v. Vitale 1962
• The Court ruled that the government was in
  violation of the Establishment Clause because it
  was a prayer written by the state.

16
Review

• Be able to define Civil Liberties and Civil
  Rights
• Are rights absolute?
• To whom are rights, freedoms, and liberties
  given?
• Are rights listed in Constitution the only rights
  we have? examples
• What is the importance of the 9th Amendment?
• What rights are considered part of your freedom
  of expression?
• Identify Establishment Clause and Free Exercise
  Clause.
• What is the importance of the Virginia Statute of
  Religious Freedom? Who wrote it? What did it say?
• Where does the phrase wall of separation between
  church and state come from?
• Identify examples of relationships between Church
  and State that have not been found in violation
  of Establishment Clause.

17
Review continued

• Know results of Everson v. Board of Ed
• Know results of McCullum v. Board of Ed
• Know results of Zorach v. Clauson
• Know results of McGowan v. Maryland
• Know results of Engel v. Vitale
• Know Listening Guide from Video on Freedom of
  Religion shown on Wednesday

18
Can a state require that the school day begin
with reading from the Bible and recitation of the
Lords Prayer?

• No, Abington School District v. Schempp 1963
• State was in violation of the Establishment
  Clause because it was promoting the Christian
  Religion.
• However, students may study the Bible as an
  historical or literary work.

19
Can a state prohibit the teaching of evolution in
school on the grounds that it was a religious
doctrine

• No, Epperson v. Arkansas 1968
• The state of Arkansas argued that evolution was a
  religious doctrine Secular Humanism.
• Court ruled that evolution was not religious
  doctrine and the state of Arkansas was actually
  promoting religious doctrine by outlawing its
  teaching.

20
Can a state prohibit the teaching of Secular
Humanism on the grounds that it is a religious
doctrine?

• Secular Humanism can not be prohibited

Its basic tenets may be summarized as 1.Humans
have inherent value and can solve human problems
2. All knowledge is gained through rational
process (organized religion is denied) 3.
Science and rational thought are enhanced through
democracy and free speech
21
Can a state require that the 10 Commandments be
posted in all public school classrooms???

• No, Stone v. Graham 1980
• Court ruled this was promoting religion and
  therefore in violation of the Establishment
  Clause.
• Just 2 years ago a similar case came before the
  Federal Courts when the Alabama Supreme Court
  building had a statue of the 10 Commandments in
  the lobby. The Federal Courts forced the Alabama
  Supreme Court Judge that put the statue there to
  remove it.

22
Can a city have a nativity scene included in a
holiday display, on government property, if it
part of a display that also includes Santa and
other non religious items???

• Yes, Lynch v Donnelly 1984
• Court considered this not in violation of
  Establishment Clause because it celebrated a
  holiday season and not specifically a religious
  holiday.

23
Can a local government have a holiday display, on
government property, that celebrates the birth of
Jesus by displaying a banner that says Glory to
God in the Highest?

• No, County of Allegheny v. ACLU 1989
• Supreme Court found this a clear violation of the
  Establishment Clause.

24
Can a state pay a chaplain with public funds to
say a prayer to begin a session of the State
Legislature?

• Yes, Marsh v. Chambers 1983
• The Supreme Court said unlike school children,
  legislators were not susceptible to religious
  indoctrination or peer pressure.

25
Can a state require a one minute period of
silence for meditation or voluntary prayer to
start a school day?

• No, Wallace v. Jaffree 1985
• The Supreme Court took exception to the inclusion
  of the word prayer, even though it was
  voluntary.

26
Can a school system provide for an offering of a
prayer as part of the graduation ceremony?

• No, Lee v. Weisman 1992
• The Supreme Court said that this was in violation
  of the Establishment Clause because the prayer
  was planned for by the School System.

27
Can a state require the teaching of Creationism
as an alternate point of view from Evolution???

• No, Edwards v. Aguillard 1987
• The Supreme Court said that any required
  teaching of the Biblical story of creation in
  public schools was in violation of the
  Establishment Clause.

28
Can a school system have as their stated policy
that all athletic events begin with a prayer????

• No, Santa Fe School District v. Doe 2000
• Supreme Court said that since it was School Board
  Policy it was in violation of the Establishment
  Clause.

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Free Speech vs. The Establishment Clause

• Can a student at graduation on their own, without
  school system direction, offer a prayer? Yes
• Can a student wear a shirt that has a pro
  Christian message on it to school? Yes
• Can students pray before school or during lunch?
  Yes
• Can a student bring the Bible or other Holy Books
  to school? Yes

30
Using the argument of separation of church and
state, can a state deny a student a scholarship
that he or she has earned based on grades and
test scores, because they plan to use that
scholarship to go to a religious school and
become a priest/minister?

• In a very controversial decision in 2005, the
  Supreme Court upheld the states action of denying
  the scholarship to the student.

31
Equal Access Act of 1984

• Any public high school that receives federal
  funds (nearly all do) must allow student
  religious groups to meet in school on the same
  terms as they allow other student organizations.
• Examples
• 1. Fellowship of Christian Athletes.
• 2. Rally around the pole.
• 3. A church group who would like to use the
  school facilities after the school day for
  worship.

32
How much aid can the federal, state, and local
governments give to parochial schools??????

• Supreme Court attempts to settle the question in
  Lemon v. Kurtzman 1971 by setting up what becomes
  known as the Lemon Test.
• For the government aid to the parochial school to
  not violate the Establishment Clause the answer
  to the following three questions must be YES.

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Lemon test questions

• 1. Is the purpose of the aid secular (non
  religious)?
• 2. Does the primary effect of the aid neither
  advance nor inhibit religion?
• 3. Does the aid avoid excessive entanglements of
  government with religion?
• Examples of Lemon Test in use
• 1. State can not pay salary of parochial
  teachers.
• State can pay parochial schools money to
  administer state sponsored test
• State can provide funds to provide an interpreter
  for a deaf student at a parochial school.

34
Free Exercise Clause CasesCongress shall make no
law prohibiting the free exercise of religion

• Can the government prohibit polygamy (having more
  than one wife) even though it was part of a
  religious doctrine?
• Yes, Reynolds v. U.S. 1879

35
Can a state require school children receive
vaccinations even though it is against the
religious teaching of a certain group?

• Yes, Jacobson v. Mass. 1905
• The Supreme Court said that The law protected the
  health of children and the community.

36
Can a state forbid the handling of poisonous
snakes in a religious ceremony?

• Yes , Bunn v. North Carolina 1949
• Law protects those in congregation that might
  not believe in handling snakes---especially
  children.

37
Can a state require that a person get a license
before they ask for donations for a religious
cause?

• No, Cantwell v. Connecticut 1940 and
  Watchtower Bible and Tract Society v. Village of
  Stratton 2002
• A violation of the freedom to worship and free
  speech rights.

38
Can the state require that children go to school
up to a certain age even if a religious group
(Amish) want to take them out of school after the
8th grade?

• No, Wisconsin v. Yoder 1972
• Do the Amish have to pay Social Security taxes
  even though they dont use the system? Yes

39
Can the federal government draft people into the
military even if they have religious objections?

• Welsh v. U.S. 1970---only persons whose
  consciences would give them no rest if they
  allowed themselves to become part of an
  instrument of war are exempt from the draft.

40
Review

• You will not need to know the names of cases, but
  you will need to know what the court decided
  ---for example
• Can a school system have as their stated policy
  that athletic events begin with a prayer? Answer
  ---No
• Cases you will be responsible for Abington v.
  Shempp, Epperson v. Arkansas, Stone v. Graham,
  Lynch v. Donnelly, County of Allegheny v. ACLU,
  Marsh v. Chambers, Wallace v. Jaffree, Lee v.
  Weisman, Edwards v. Aquillard, Santa Fe School
  District v. Doe, Reynolds v. U.S., Jacobson v.
  Massachusetts, Bunn v. North Carolina, Cantwell
  v. Connecticut, Wisconsin v. Yoder, Welsh v.
  U.S.
• Also be able to define Secular Humanism---is it
  considered a religion by the courts?be able to
  define polygamy, and identify Equal Access Act.

41
Review Continued

• Be able to give examples of the Lemon Test.
• Be able to give examples of cases and decisions
  concerning Free Speech vs. The Establishment
  Clause.
• Be able to discuss and explain if the Supreme
  Court, in your opinion, has taken the separating
  of government and religion too far or not far
  enough. Be able to give examples of decisions
  that you disagree with.