Jumpstart Assignment Describe the political cartoon below. Describe the political cartoon below.

Fundamental Freedoms: The 1 st Amendment Chapter 19

Civil Liberties Basic freedoms that are protected from government violation. Basic freedoms that are protected from government violation. Are rights unlimited? Are rights unlimited? Civil Liberties vs. good of the public Civil Liberties vs. good of the public

The 14 th Amendment 14 th Amendments “Due Process Clause” – “No State shall…. Deprive any person of life, liberty, or property, without due process of law…..” 14 th Amendments “Due Process Clause” – “No State shall…. Deprive any person of life, liberty, or property, without due process of law…..” This clause has been used to apply the Constitutional protections of the Bill of Rights to the States. This clause has been used to apply the Constitutional protections of the Bill of Rights to the States.

Freedom of Religion Establishment Clause: “Congress shall make no law respecting an establishment of religion.” Establishment Clause: “Congress shall make no law respecting an establishment of religion.”

A “wall of separation between church and state”?

How would you describe the wall?

Establishment Clause (continued) Religion in Public Schools Religion in Public Schools Engel v. Vitale (1962) – the Supreme Court outlawed the use of a recited prayer in New York schools Engel v. Vitale (1962) – the Supreme Court outlawed the use of a recited prayer in New York schools

Can public high school football players pray before a game? Santa Fe School District vs. Doe (2000) Santa Fe School District vs. Doe (2000) Supreme Court struck down a Texas High School student led prayer Supreme Court struck down a Texas High School student led prayer

Can student religious groups meet on school property? Westside Community Schools vs. Mergens (1990) – public schools must allow student religious groups to meet in the school on the same terms that it sets for other student organizations. Westside Community Schools vs. Mergens (1990) – public schools must allow student religious groups to meet in the school on the same terms that it sets for other student organizations.

Can schools give kids “release time” to have religious classes? McCollum v. Board of Education (1948) – not in public facilities. McCollum v. Board of Education (1948) – not in public facilities. Zorach v. Clauson (1952) – it’s okay as long as it’s on private property. Zorach v. Clauson (1952) – it’s okay as long as it’s on private property.

Establishment Clause (continued) Government Aid for Religion Government Aid for Religion Lemon v. Kurtzman (1971) – government laws must Lemon v. Kurtzman (1971) – government laws must Have a nonreligious purpose Have a nonreligious purpose Neither advance nor limit religion Neither advance nor limit religion Not result in excessive government involvement with religion Not result in excessive government involvement with religion

Free Exercise Clause “Congress shall make no law… prohibiting the free exercise” of religion “Congress shall make no law… prohibiting the free exercise” of religion Supreme Courts view: religious practices may be restricted if they threaten the health and safety of others or if they violate social standards. Supreme Courts view: religious practices may be restricted if they threaten the health and safety of others or if they violate social standards.

Free Exercise Case Studies: Can Amish school children end at 8 th grade despite a state law which requires students to go until they are 16? Wisconsin v. Yoder Can Amish school children end at 8 th grade despite a state law which requires students to go until they are 16? Wisconsin v. Yoder Can you smoke an illegal drug as part of a religious service? Oregon v. Smith Can you smoke an illegal drug as part of a religious service? Oregon v. Smith Can a school suspend a student for not saluting the U.S. flag even though the school requires it? West Virginia v. Barnette Can a school suspend a student for not saluting the U.S. flag even though the school requires it? West Virginia v. Barnette Can you sacrifice animals as part of a church service? Lukumi Babalu Aye v. City of Hialeah Can you sacrifice animals as part of a church service? Lukumi Babalu Aye v. City of Hialeah