Thursday, April 26, 2012

AP US Gov Religion Notes

Goes with religion sheet

The Establishment Clause: “Congress shall make no law respecting an establishment of religion.”  On its surface, what does this clause mean?  Overall, how has it been interpreted by the Supreme Court?
·      On the most basic level, the point of the clause is that there is no state religion
·      The SC has interpreted it to create a “wall of separation” between government and religion.  The government must be completely neutral (can’t give money to endorse a religion)

I.               Which of the following are Constitutionally allowed?  Do you see any connection/ themes?
A.             The use of state funds for bussing students to Catholic schools
1.             This is constitutional
2.             A state can give money to help religious kids pay for bussing because it is a secular purpose and a safety issue
B.             *The saying of a State written prayer in a public school
1.             Was legal until 1962
2.             Engel v. Vitale
a)             Unconstitutional for the state to write a prayer or set up tie for prayer in school (because that’s endorsing religion)
b)             Kids can pray on their own (teachers can’t force prayer)
c)             There can be religious clubs
C.            A “moment of silence” for meditation or voluntary prayer in a public school
1.             Response from religious people to deal with Engel v. Vitale
2.             Unconstitutional, because even though it does not endorse a religion, there is still a peer pressure aspect
3.             Kentucky decided put the 10 Commandments in every classroom, and this was decided to be unconstitutional.  Kentucky argued that it is a basis of our legal system, but the Supreme Court said it is endorsing religion because it is religious in nature and they are placed on their own (unlike in the SC where the 10 Commandments is balanced because there is also the Code of Hammurabi and other ancient legal writings)
D.            A “public” chaplain starting a session of Congress with a prayer
1.             Constitutional
2.             Can do this in Congress because it has always been done, and it is before adults so there is no issue of peer pressure
E.             Public school teachers can be used in parochial schools to teach remedial courses for needy children
1.             Constitutional
2.             Private schools don’t have the resources to help these kids.  The public school teachers aren’t teaching religion, they are helping children with learning disabilities (secular purpose and not endorsing religion)
3.             The wall can be penetrated
F.             The display of a nativity scene (birth of Jesus) in a public park
1.             Unconstitutional on its own (if it is with a Menorah/ Christmas tree/ other secular scenes it is Constitutional)
2.             Combining does not endorse one religion
3.             A nativity scene with a Christmas tree and Santa Clause (and not a Menorah) is fine still because the Christmas tree and Santa are secular
G.            The offering of a prayer at a public school graduation ceremony
1.             Unconstitutional
2.             Similarly, players on the field at a sporting event cannot gather for a prayer
H.            The teaching of “intelligent design” as a part of a public school’s science curriculum
1.             Intelligent design is an idea that the universe is so complex and finely tuned that there must have been a creator who designed everything.  It is trying to make creationism (teaching creation based on the Bible) scientific
2.             Unconstitutional- intelligent design is not a real science- it’s religious- and therefore it cannot be taught in public schools
I.               *A state government pays the salary of secular teachers working in parochial schools
1.             Lemon v. Kurtzman
a)             Lemon Test- used to determine when public money can be given to religious institutions (especially involving schools)
(1)           The government’s action must have a secular legislative purpose
(2)           The government’s action must not have the primary effect of either advancing or inhibiting religion
(3)           The government’s action must not result in an “excessive government entanglement” with religion
2.             Unconstitutional
The Free Exercise Clause: “Congress shall make no law prohibiting the free exercise of religion”
II.              Which of the following are constitutionally allowed?
A.             A Mormon having more than one wife
1.             Unconstitutional
a)             It’s “subversive of public order”
2.             Mormons still marry many wives, just without legal licenses
B.             An Orthodox Jew wearing his yarmulke while serving in the Air Force
C.            The US Forest Service allowing private companies to build roads and cut timber in national forests that Native Americans have traditionally used for religious purposes
D.            Forcing students to salute the flag during the Pledge of Allegiance
E.             Giving an exemption for vaccinations to schoolchildren because of religious beliefs
1.             Unconstitutional- putting other kids in the school in danger for not having the vaccination
F.             The government can draft those who have religious objections to military service
G.            Banning animal sacrifices which are part of religious ceremonies
H.            The use of peyote in Native American religious rites

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