Power reserved to the states Section 152 Freedom of Religion Mentor Note When

Power reserved to the states section 152 freedom of

This preview shows page 42 - 44 out of 50 pages.

Power reserved to the states Section 15.2- Freedom of Religion Mentor Note: When you review Supreme Court cases in this and other chapters of the text, we encourage you to focus on three central features or aspects of those cases: 1. The central constitutional issue presented by the case 2. The most relevant facts that produced the conflict in the case 3. How the Supreme Court decided the case (including at least one key aspect of the Court’s argument). Answer the following questions: 1. Define free-exercise clause: prevents government from prohibiting with religios practice 2. Define establishment clause: forbids government establishment of religion, prohibits laws sponsoring or supporting religion Page 42 of 50
Image of page 42

Subscribe to view the full document.

Study Guide Survey of United States Government and Constitution 3. What are the main ideas in the following Supreme Court cases on the free-exercise and establishment clauses of the 1 st Amendment? they ensure that the government can neither promote nor inhibit religious beliefs or practices. 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: They must have a secular purpose (such as lending books to parochial school students). Their primary effect must not 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.. Sherbert v. Verner (Strict Scrutiny) Adeil Sherbert, a Seventh-Day Adventist, lost her mill job because she refused to work on Saturday, her Sabbath. She filed for unemployment compensation 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. In a 7–2 decision, the Supreme Court ruled that the disqualification imposed an impermissible burden on Sherbert's free exercise of religion. Section 15.3- Freedom of Expression Answer the following question: What are the main ideas in the following Supreme Court cases on the free speech clause of the 1 st Amendment? Press and speec hclasues of first amendment Tinker v Des Moines: involved three public school students who wore black armbands to school to protest the Vietnam War. Principals in their school district had prohibited the wearing of arm-bands on the grounds that such conduct would provoke a disturbance; the district suspended the students. The Supreme Court overturned the suspensions.
Image of page 43
Image of page 44
  • Spring '17

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes