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The Bill of Rights

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The Constitution and the laws passed by Congress have created Civil Liberties and Civil Rights ... B. Civil Rights---positive acts of government that seek to make the ... – PowerPoint PPT presentation

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Title: 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.

29
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.

33
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.
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