tocqueville

tocqueville - Alexis de Tocqueville would agree with the...

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Alexis de Tocqueville would agree with the Supreme Courts decision in the cases of Everson v. Board of Education and Zorach v. Clauson. Both of these cases had to do with the establishment clause of the United States constitution and what qualified as respecting or inhibiting the free practice of religion. Tocqueville believed that religion was essential to the success of democracy because it provides people with moral boundaries, counteracts peoples selfish tendencies, and acts as a check on oppression of the minority. Everson V Board of Education was a supreme court case that took place in 1947 when a New Jersey citizen sued over a New Jersey law that authorized payment for public busing to and from private schools, many of which were Catholic or other religiously affiliated schools. He sued on the basis that public funding for religiously affiliated schools violated the Establishment Clause of the First Amendment. The Court ruled that this was not unconstitutional saying that the establishment clause prohibited the government from setting up a church, passing laws which give preference to one religion, attempt to influence a person's religious beliefs, or pass a tax in order to support a religious institution. This broad interpretation provided by justice Hugo Black has provided a precedent that has been used in many other Supreme Court cases involving the Establishment Clause. In 1952 a case was brought before the supreme court named Zorach v Clauson. The case was regarding a New York Education Law that permitted public schools to release students early for religious instruction. The churches then took attendance of students who were released and notified the school if a student didn't show up. The same section of law made school attendance compulsory for students not released and involved no religious instruction in the school or expenditure of public funds. The court ruled that under this system New York was neither prohibiting
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tocqueville - Alexis de Tocqueville would agree with the...

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