Civil Liberties II.

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Presentation transcript:

Civil Liberties II

Freedom of religion “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” Two clauses: Establishment clause Free exercise clause

Does teaching intelligent design in public school science classes amount to a state establishment of religion? Does allowing a moment of silence at the beginning of a class period? Does reciting the phrase “under God” in the Pledge of Allegiance?

Freedom of Religion The Lemon Test (1971) Law must have a secular legislative purpose Law’s primary effect must be one that neither advances nor inhibits religion Law must not foster an excessive governmental entanglement with religion

Right to bear arms A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Privacy Read Griswold v. Connecticut (1965). How would you decide this case? What is a penumbra? Where in the Constitution does the court find the right to privacy?

Right to privacy Found in penumbra created by: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (3rd) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (4th) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (9th)