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1st Amendment

Published on Nov 19, 2015

La Projecty

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PRESENTATION OUTLINE

1.

1st Amendment

Freedom of Religion.
2.

First Amendment:
"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 grievance."

3.

Establishment Clause

A clause that prohibits the establishment of religion.
4.

Engle v. Vitale

  • Petitioner: Engle
  • Respondent: Vitale
  • Year:1962
  • Removed an official prayer from the school.
  • It went from the NY Appeals court.
5.

Their decision

  • Upheld that there needs to be a Reagents' Prayer.
  • BUT, schools need to create procedures for those who are not religious.
6.

Supreme Court

Constituitonal Question 
Does the reading of a nondenominational prayer at the start of the school day violate the "established of religion" clause of the First Amendment.
7.

Decision

6-1 
8.

Opinion- Black

School prayer violates the Establishment Clause and 1st amendment
9.

Dissenting Opinion-Stewart

Establishment Clause was only intended to prohibit a sponsored church.
10.

Lemon v Kurtzman

11.

Untitled Slide

  • Petitioner- Alton Lemon
  • Respondent- David  Kurtzman
  • Year- 1971
  • Separation of State and Religion, from a Catholic School
  • District Courts- The First Circuit
12.

Their Decision

  • Unconstitutional for state to fund religious schools more than public
  • Excessive entanglement
  • The lemon Test was set in place
  • 8-0 decision
13.

Opinion / Burger

Act violates establishing clause.
14.

Dissenting /White

States should be able to support parochial schools.
15.

Wallace v. Jaffree

16.

Untitled Slide

  • Petitioner: Ishmael Jaffree
  • Respondent:Governor George Wallace
  • Year:1985
  • Went through the Southern Alabama District Court
  • Issue whether prayer in schools violated the 1st Amendment
17.

Decision

  • Prayer in schools does not show neutrality of religion in schools.
  • States (like congress) cannot restrain 1st amendment freedoms.
  • This statute's intent was to advance a certain religion.
  • A 6-3 decision
18.

Opinion (Stevens)

This statute violated the establishment clause of the 1st amendment.
19.

Dissenting (Burger)

Intent of the Statute was to prevent infringement on religion.
20.

Dissent (Rehnquist)

Denounces the Lemon test as well as the separation of church and state.

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