22 Amendments 1 2 4 5 6 8 10 The Bill of Rights Amendments to Constitution Main

22 amendments 1 2 4 5 6 8 10 the bill of rights

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Amendments 1-2, 4, 5-6, 8-10. The Bill of Rights Amendments to Constitution Main Ideas of the Amendment 1st Freedom of religion, speech, press, assembly 2nd Right to bear arms 4th Protection from unreasonable searches and seizures 5th Rights of persons: grand juries, double jeopardy, self-incrimination, due process, eminent domain 6th Rights of accused in criminal prosecutions to a speedy and public trial 8th Protection from excessive bail/fines/cruel and unusual punishments for crimes 9th Other rights retained by the people 10th Powers reserved to the states Establishment Clause (Lemon v. Kurtzman) and Free Exercise Clause (Sherbert v. Verner). Establishment Clause: Lemon v. Kurtzman [Lemon Test]: The Court struck down a state program that would have helped pay the salaries of teachers hired by parochial schools to give instruction in secular subjects. The justices proposed a three-pronged test for determining the constitutionality of government programs and laws under the establishment clause: 23
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They must have a secular purpose [such as lending books to parochial school students]. Their primary effect must not to be to advance or inhibit religion. They must not entangle the government excessively with religion. The program in Lemon did not satisfy the last prong; the government would have had to monitor the program constantly, thus ensuring an excessive entanglement with religion. Free Exercise Clause: Sherbert v. Verner [Strict Scrutiny]: Sherbert was a Seventh-Day Adventist and lost her mill job because she refused to work on Saturday, her Sabbath. She filed for unemployment and was referred to another job, which she declined because it also required Saturday work. Because she declined the job, the state disqualified her from receiving unemployment benefits. The Supreme Court decided that the disqualification imposed an impermissible burden on Sherbert’s free exercise of religion. The First Amendment, declared the majority, protects observance as well as belief. A neutral law that burdens the free exercise of religion is subject to strict scrutiny : a standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a “compelling governmental interest,” must be narrowly tailored, and must be the least restrictive means for achieving that interest. This means that the law may be upheld only if the government can demonstrate that: 1) The law is justified by a “compelling governmental interest.” 2) The law is narrowly tailored to achieve a legitimate goal. 3) The law in question is the least restrictive means for achieving that interest.
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  • Spring '17
  • UNKNOWN
  • Government, United States Congress, ​ immunity

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