Alien Terrorists have arrived!!!

• The United States has been invaded by hostile forces from an extraterrestrial, terrorist organization, and the federal government has been over thrown.

• The leader of the new government is a dictator, but will allow American citizens to retain five fundamental liberties guaranteed by the Constitution.

• Select the five fundamental rights that are most important to you.

Rights and FreedomsRight to bear armsFreedom of speechRight to legal council (a lawyer)Protection from cruel and unusual punishmentFreedom of pressRight to jury trialFreedom of religionRight to protestProtection from self-incrimination (‘I plead the 5th’)Protection from unreasonable searches and seizures

(police need a warrant, etc…)

Civil Liberties

“Freedom of Religion”

1st 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 grievances.”

FIRST AMENDMENT AND RELIGION

• Prohibits the establishment of religion by the government– (establishment clause)

• Prohibits any arbitrary interference by the government with the “free exercise” of religion.– (free exercise clause)

ESTABLISHMENT CLAUSE

“Congress shall make no law respecting an establishment of religion

FIRST AMENDMENT AND RELIGION “establishment clause”

• ESTABLISHMENT CLAUSE– sets a separation

between government and religion;

– yet government and religion do cross paths.

• Most “establishment clause” cases involve religion and education.

FIRST AMENDMENT AND RELIGION “establishment clause”

• Broad interpretation– Absolutely no government aid will be given to religion-except

for usual police, fire protection, but tax dollars will not go to support religion in any form or fashion

• Narrow interpretation– As long as the government does not give preference to one

kind of religion over another, it is accepted.

• Literal interpretation– As long as the government is not establishing a mandatory

state church that everyone has to attend, then the aid is acceptable.

FIRST AMENDMENT AND RELIGION“establishment clause”

LEMON v KURTZMAN - 3 pronged test• helps the Court determine what is a violation of the

establishment clause.

– “Lemon Test”1.Purpose of government assistance must be

clearly NON-religious2.Its affect must not promote or prohibit religion.3.Government must avoid an “excessive

government entanglement” with religion.

The state of Texas is given a monument to the Ten Commandments outside the

Capitol. It is one of many statues given to the state outside the Capitol.

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1. Violates the establishment clause

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FIRST AMENDMENT AND RELIGION “establishment clause”

TAX SUPPORTED BUSES FOR PRIVATE SCHOOLS:EVERSON v. BOARD OF EDUCATION• A state law in New Jersey provided public tax money

– Busing all students, including those who went to religious schools

• Those who challenged said that freed the religious schools of transportation money needed and allowed them to spend the money for religious purposes.

• The courts said the New Jersey law did not overstep the “establishment clause” because the bus system benefited the safety of all the children.– They upheld the law as constitutional.

A state law authorizes a one-minute period of silence in all public schools for meditations or voluntary prayer

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1. Violates the establishment clause

2. Doesn’t violate the establishment clause

FIRST AMENDMENT AND RELIGION “establishment clause”

PRAYER IN SCHOOLS• ENGLE v. VITALE (1962)

– Can’t start the day with even a “voluntary” prayer. The state of New York wrote the prayer and the students had to hear it everyday.

• WALLACE v. JAFFREE (1985)– can’t have a moment of silence

specifically stated for “prayer.” in school. “Moment of silence” is still allowed.

FIRST AMENDMENT AND RELIGION “establishment clause”

STUDENT RELIGIOUS GROUPS:

• WESTSIDE COMMUNITY SCHOOL v MERGENS: (1984 &1985)– School must not lead or direct a

religious club it does permit student initiated and student led clubs after or before school, on the campus, this is allowed to all clubs in schools.

A state government pays a chaplain to open each legislative session with a

prayer

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1. Violates the establishment clause

2. Doesn’t violate the establishment clause

FIRST AMENDMENT AND RELIGION “establishment clause”

PRAYER AND LAWMAKING BODIES (1983)– history and tradition make

this acceptable according to the courts

– adults are not subject to the ridicule that a student might be subject to

• therefore it has be upheld as constitutional.

Free Exercise of Religion

‘Free exercise’ Clause– Practice any religion

as you see fit

Should there be any limits to ‘free exercise’ ???

FREE EXERCISE CLAUSE

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

FREE EXERCISE CLAUSE

• Prohibits the government from punishing someone on the basis of the person’s religious beliefs

• Court has defined a religious belief as “a belief that must occupy a place in the believer’s life parallel to that occupied by orthodox religious beliefs” (US v. Seeger)

• Court may not declare a religious belief to be false, but may determine whether the person is sincere in asserting a belief

• Religious beliefs may never be prescribed ore coerced by the state (i.e. religious oaths for governmental jobs are prohibited)

• The state may regulate and even ban actions or practices that grow out of religious beliefs

The Sherbert Test• The Sherbert Test (1963) consists of four criteria that are

used to determine if an individual's right to religious free exercise has been violated by the government.

• First of all:1. Does the person has a claim involving a sincere religious belief?

2. Is the government action is a substantial burden on the person’s ability to act on that belief?

• If these two elements are established, then the government must prove1. that the government has a "compelling state interest"

2. that the government has pursued the “interest” in the manner least restrictive, or least burdensome, to the religion