1 ST AMENDMENT Freedom of Religion. 2 RELIGION CLAUSES Establishment Clause Free Exercise Clause.

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1 ST AMENDMENT Freedom of Religion

Transcript of 1 ST AMENDMENT Freedom of Religion. 2 RELIGION CLAUSES Establishment Clause Free Exercise Clause.

  • 1ST AMENDMENTFreedom of Religion

  • 2 RELIGION CLAUSESEstablishment ClauseFree Exercise Clause

  • 1)ESTABLISHMENT CLAUSEThe government may not pass laws establishing any official religionThere must be a SEPARATION OF CHURCH AND STATE

  • Landmark Establishment CaseLemon v. KurtzmanPublic money can be used in parochial schools for SECULAR purposes only (like books). THE LEMON TEST determines if something in the school is religious or not

  • The Lemon Test1. Does the law have a SECULAR legislative purpose?2. Does the PRIMARY EFFECT of the law neither advance nor inhibit religion?3. Does the law foster an EXCESSIVE GOVERNMENT ENTANGLEMENT with religion?

  • The Lemon TestIf the law does not satisfy ALL THREE questions, it is unconstitutionalIf you can answer NO to #1 or #2, it is in violation of the 1st AmendmentIf you can answer YES to #3, it is in violation of 1st Am.

  • 2)Free Exercise ClauseWe have the right to hold any religious belief We may practice our beliefs up to a point*no child sacrifice*Timothy Leary

  • The Sherbert Test1. Has the religious freedom of a person been infringed by a government action?2. If so, is there a compelling state interest to justify it?3. Is there any other way the government can be satisfied without restricting freedom?

  • The Sherbert TestIf you can answer NO to #2, the law is unconstitutionalIf you can answer YES to #3, the law is unconstitutional


Presented by Sukarno sukarno@uny.ac.id CLAUSES 1.ADJECTIVE CLAUSE 2.ADVERBIAL CLAUSE 3.NOUN CLAUSE.

Presented by Sukarno [email protected] CLAUSES 1.ADJECTIVE CLAUSE 2.ADVERBIAL CLAUSE 3.NOUN CLAUSE.

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~~~e~~~cro~:•. Mich~an · 2014-06-13 · Clause-to-clause transformations show the relation of kernel clauses to interrogative and emphatic clauses. Embedding trans-formations account

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