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Lecture 2 - Lecture 2 Bill of Rights was originally made to...

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Lecture 2 (7/14/07) Bill of Rights was originally made to restrict the Federal Government. Due Process Clause of 14 th amendment – vital to free society/ fundamental freedom o Key clause of application to the Bill of Rights to the states (incorporation of Bill of Rights) o Palko vs Connecticut- Palko was tried 2 times for the same count of murder, argued that this was double jeopardy but Due Process Clause gave him 2 trials; Protection from being tried twice was not a fundamental freedom. Equal Protection Clause of 14 th amendment 1 st Amendment o Establishment Clause 1962 Engle Vs Vitale- School prayers are unconstitutional 2000- School prayers at school sporting events are unconstitutional Lemon Test (1971)- three part test for laws dealing with religious establishment issues 1. had a secular purpose 2. neither advanced nor inhibited religion 3. did not foster an excessive government entanglement with religion 1997- Agostini v. Felton: Supreme Court approved of a New York program that sent public school teachers into parochial schools during school hours to provide remedial education to disadvantaged students. This was not excessive entanglement of church and state. o Free Exercise Clause Government cannot restrict your beliefs Government cannot restrict your words Government has some ability to restrict your actions Strict Scrutiny Standard - if any law restricts freedom, Government will look into it. 1990: Oregon v. Smith (1990)- Native American smoked an illegal substance and worked for Oregon, but sought to get unemployment benefits. They did not give any benefits to fired employees.
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