CL.9 - Braunfeld v. Brown Court held that a Pennsylvania...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Braunfeld v. Brown Court held that a Pennsylvania law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the 1 st Amendment Abraham Braunfeld and the other appellants were Pennsylvania merchants, As Orthodox Jews, the appellants were unable to do business on Friday evening or Saturday law unfairly discriminated against them by effectively forcing them to remain closed for one more day than competing Christian merchants Warren Have standing because it has direct burden on them Under Establishment Clause and Equal Protection earlier decision had said it didn’t interfere with those the so-called "Sunday Closing Laws" had a legitimate state purpose in providing for the general welfare by establishing a day of rest states could in some cases regulate conduct , even if that regulation burdened citizens of a particular religion, more protection is given to the right to believe law in question had only an indirect effect Direct burden- "most critical scrutiny" This is an indirect burden, if the law is to purposely impede on the belief on certain religions, if it discriminates Because it’s indirectly forcing you have religion or work Law is presumptive unless the state can get its goal with other ways Frankfurter concluded that the Sunday statutes had a long history and substantial non-religious purpose Harlan (Concurrence/dissent) unconstitutional under the Free Exercise Clause "Sunday Laws" could not be separated from their religious roots, and that the imposition
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

Page1 / 3

CL.9 - Braunfeld v. Brown Court held that a Pennsylvania...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online