Chapter 10: Civil Liberties

Answer questions 1-4 on your PowerPoint Notes… Bell Work Answer questions 1-4 on your PowerPoint Notes… Answers can be found in chapter 10, section 1 of your books.

Questions… 1.) Was the Constitution ratified with a Bill of Rights already written? No a.) What was the group of people called who demanded a bill of rights be included in the Constitution? Anti-federalists 2.) The 14th amendment did not allow states to pass laws that denied “life, liberty, or property without due process of the law” 3.) What is due process? Following established and complete legal procedures 4.) What is selective incorporation? What amendment does it apply to?

Selective Incorporation 14th amendment forbids the states from interfering with life, liberty, property without due process of the law Many of the first 10 amendments are required for due process to take place… Examples: 5th amendment: prevents people from having to testify against themselves 6th amendment: requires a speedy trial, requires accused persons to be given a lawyer if they cannot afford one 8th amendment: protects against excessive bail or fines in criminal cases The fact that the first 10 amendments are required for the 14th amendment to be honored correctly is called selective incorporation

REMINDER Supreme Court Case Quiz on Wednesday 12/05

10.2: 1st Amendment Freedoms

First Amendment Freedoms The first amendment protects 5 individual rights: 1.) Freedom of religion 2.) Freedom of speech 3.) Freedom of the press 4.) Freedom of peaceful assembly 5.) Freedom of petition

Religious Freedoms: The Establishment Clause “Congress shall make no law respecting an establishment of religion” Means that the government cannot create an official religion or support one religion over another Through the incorporation doctrine, state governments face the same requirements: state governments cannot create an official religion or support one religion over another either.

The Establishment Clause Thomas Jefferson was a firm believer in religious freedom. He believed the establishment clause created “a wall of separation between Church and State” This is where our common “separation of church and state” metaphor came from… However, there is always disagreement on how separated the government should be from religions Courts have taken a case-by case approach to the establishment clause…

Public Displays (of religion) Can government-sponsored public displays include religious themes? Are nativity scenes okay to place in front of a city shopping district? Lynch v. Donnelly (1984) answered that exact question Supreme Court ruled that because the scene was put up in light of the holiday season, viewed in context of the holiday season, the display did not violate the establishment clause.

Public Displays of Religion Can the Ten Commandments be displayed in a courtroom? Kentucky courthouses had framed copies of the Ten Commandments displayed McCreary County v. ACLU of Kentucky (2005) decided that the display of the Ten Commandments was unconstitutional However, in Van Orden v. Perry (2005) in Texas ruled that a display of the Ten Commandments outside of the Texas state capitol that included the Ten Commandments was okay because it’s purpose was to highlight certain relevant aspects of Texas history. Since the display was a part of a historical and educational display, it did not violate the establishment clause.

Religion and Education Prayer in school? It’s been struck down at least twice… NY officials had written a prayer for students to recite every day in school – prayer had no official religion tied to it and students were not forced to participate Supreme Court ruled that the prayer did in fact violate the establishment clause Another law in Alabama required schools to start the day with silent meditation or voluntary prayer. Court decided that the ritual did have a religious purpose and it was declared unconstitutional.

Religion and Education Lemon Test Test for determining if the establishment clause has been violated From Lemon v. Kurtzman (1971) Case that denied taxpayer money to fund private and religious schools to teach nonreligious subjects Three questions are asked: 1.) Does it have a secular (nonreligious) purpose? 2.) Does it inhibit or advance a religion? 3.) Does it encourage “excessive government entanglement with religion”?

Free Exercise Clause Free exercise clause – Guarantees each person the right to hold any religious beliefs they choose Does not give people the clear right to behave any way they choose, however Examples…

Free Exercise Clause Reynolds v. United States (1878) Mormon religious practice of polygamy Some Mormons saw polygamy as a religious duty The Supreme Court decided that preserving certain social norms allowed the government to prohibit certain practices even if that meant outlawing a certain religious practice Wisconsin v Yoder (1972) Amish usually only go to school until 8th grade Supreme Court ruled that state law requiring children to continue to attend school until they are 17 should not be at the expense of Amish religious beliefs Amish may drop out in 8th grade and continue their religion

Group Assignment Get into groups of three or four Create a poster to be displayed outside the Florida State Capitol Your poster must contain one or more religious elements, but it cannot violate the 1st amendment establishment clause Use the Lemon Test from your notes as a guide On the back of the paper write three sentences explaining why your display does not violate the establishment clause of the 1st amendment.