The First Amendment

1. The First Amendment Establishment Clause Congress shall make no law respecting an Establishment of religion….

2. 10 bonus points for all that participate in the recital of the Lords Prayer. Is this constitutional? Why or why not? What does the Establishment Clause mean to you? How has the Supreme Court interpreted the Establishment Clause?

3. Is this a prayer? We thank you for the flower so sweet; We thank you for the food we eat; We thank you for the birds that sing; We thank you for everything. • A religion deals with issues of ultimate • concern; with what makes life worth living; • with basic attitudes toward fundamental • problems of human existence. • 2. A religion presents a comprehensive set • of ideas--usually as "truth," not just theory. • 3.  A religion generally has surface signs • (such as clergy, observed holidays, and ritual) • that can be analogized to well-recognized religions.

4. Lemon v. Kurtzman Constitutional Question: Does awarding a 15% salary supplement to private school teachers who teach only secular subjects violate the 1st Amendment’s Establishment Clause? Compelling Government Interest: Private schools were not as proficient in core subjects as public schools. Answer: The salary supplement does violate the Establishment Clause.

5. Lemon v. Kurtzman The Lemon Test 1. Aid must be clearly secular 2. Must neither advance or prohibit religion

6. Lemon Test Continued 4. Must not lead to excessive Entanglement

7. Stone v. Graham Constitutional Question: Does A Kentucky Law requiring the posting of the 10 Commandments inside All public schools violate the Establishment clause of The 1st Amendment? Compelling Government Interest?

8. What About.. Student Prayer Groups Congressional Prayer The Pledge of Allegiance

9. Do we want a wall between church and state?

10. Free Exercise Clause Congress shall make no law respecting an establishment of religion, Or prohibiting the free exercise thereof,….

11. Reynolds v. U.S. Does a federal law prohibiting polygamous (celestial) marriage violate The 1st Amendment’s Free Exercise Clause?

12. Compelling Government Interest: “Polygamy has always been odious among the northern and western nations of Europe, and, until the establishment of the Mormon Church, was almost exclusively a feature of the life of Asiatic and of African people. At common law, the second marriage was always void (2 Kent, Com. 79), and from the earliest history of England polygamy has been treated as an offence against society..”

13. Wisconsin v. Yoder Constitutional Question: Does Wisconsin’s Compulsory School Attendance Law violate The free exercise rights of the Amish?

14. Wisconsin v. Yoder Cont. Compelling Government Interest: The preparation of youth to enter The real world as productive and prepared citizens.

15. Wisconsin v. Yoder Cont. Why don’t the Amish want to send their children to school past the 8th Grade? Competition Worldly Success Worldly Influences

16. Wisconsin v. Yoder cont. Amish Religion Teaches: Segregation from Worldly Influences: Community welfare rather than Competition Wisdom rather than technical Knowledge

17. Wisconsin v. Yoder Cont. Ruling: Requiring Amish kids to attend public secondary schools Would:

18. Wisconsin v. Yoder Cont. Supreme Court rejected the compelling government interest of the state. The Supreme Court established the fact that the Amish religion was deeply rooted in history and thus a “legitimate” religion with legitimate purposes. Requiring Amish children to go to secondary school would endanger their salvation. The Compulsory school attendance law did unfairly burden the free exercise rights of the amish, but the law did not unfairly target them. .