Unit Objective

• In this unit, we are going to be examining some of the amendments that make up the Bill of Rights. We are going to pull in relevant information from real law cases and analyze how these cases relate to the Bill of Rights.

How many amendments make up the Bill of Rights?

Amendment 1*

Amendment 2*

Amendment 3

Amendment 4*

Amendment 5*

Amendment 6*

Amendment 7

Amendment 8

Amendment 9

Amendment 10

Those amendments with an * will be the

ones we cover in depth…

1st Amendmentsubstitute each underlined word

“Congress shall make no law respecting an establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably

to assemble, and to petition the Government for a redress of

grievance.”

Pass concerning Adoption by the

state

forbidding practice

limiting Liberty to

speak one’s mind

News media

Power

Gather together

urge Correction of wrongs

New Wording

“Congress shall make no pass no law concerning an adoption by the state of religion , or forbidding the practice thereof; or limiting the liberty to speak one’s mind, or of the news media, or the power of the people peaceably gather together, and to urge the government for a correction of wrongs.”

Six Key Ideas in the 1st Amendment

Religious Liberty• The 1st amendment has two guarantees on

religious freedom#1 Prohibits “an establishment of religion”

ESTABLISHMENT CLAUSE

*Flip chart definition*

#2 Any deliberate interference by government with “The Free Exercise” of religion

FREE EXERCISE CLAUSE

*Flip chart definition*

Origins of the Religion Clauses

• There are three important factors which led to increased sentiment for religious freedom in America

#1 • Colonist’s previous experience with

established religion– Roman Catholic Church was dominant in most of the

European counties for centuries until the Reformation which let Protestant Christianity spread until either religion became dominant

– These governments tended to be discriminatory with lots of persecution

– They came to America to escape persecution and even here some religions dominated and got more financial support from the states than others

#2

• Sentiment for toleration– Toleration of religious differences was

necessary for a peaceful society – Social disharmony was cause by religious

conflicts

#3

• Separation of Church and State– Seeing the problems that could be had, many

people came to believe that the state should not be involved in the support of any religion

Religion & Education

In what ways is freedom of religion limited in

public school?

Separation of Church and State

• Government can support religion, but not directly promote religion

• Everson v. Board of Education

students being bussed to parochial school with city owned busses.

Found constitutional

#1 “release time” programs allow public schools to release students during school hours to attend religion classes

McCullum v. Board of Education

• Students being released from regular classes to attend religion classes in other classrooms in the school

• Found

unconstitutional

Zorach v. Clauson

• Students being released from regular classes to attend religion classes in a private location

• Found constitutional

#4 ALABAMA Cant hold moment of silence for prayer meditation

#5 RHODE ISLAND No prayer in graduation

#6 School districts that require student led prayers before football games [can only do it privately, led by students, and voluntary]

Wallace v. Jaffree 1985

Lee v. Weisman 1992

Santa Fe MD School District v. Doe 2000

Engel v Vitale

• School districts in New York were using a non-denominational prayer at the start of each day that read:

• Almighty god, we acknowledge our dependence upon thee, and beg Thy blessings upon us, our parents, our teachers, our country

• Found Unconstitutional

Stone v. Graham

• In Alabama, school districts were require to set aside a one-minute period of silence for meditation and prayer.

• Found Unconstitutional

Equal Access Act of 1984 Student religious groups can meet in the school on the “same terms as other student organizations”

#7 Cant forbid teaching of evolution

Epperson v. Arkansas 1968

• This was put in to guarantee to each person the right to believe whatever he/she chooses to believe in matters of religion

• And to let them practice their religion as their faith requires

Use of poisonous snakes is forbidden in religious rituals

Bunn v. North Carolina1949

Upheld laws that require vaccination of school children

Jacobson v. Massachusetts 1905

State that requires religious groups to have a permit to hold parade on public streets

Cox v. New Hampshire1941

Organizations that enlist children to sell religious literature must obey child labor laws

Prince v. Massachusetts 1944

Federal government can draft those who have religious objections to military service

Welsh v. United States 1970

Air Force can deny Orthodox Jews from wearing yarmulke on active duty

Goldman v. Weinberger 1986

What is okay?

• All individuals have the right to pray whenever and wherever they please.

• Religious texts can be studied as literature in schools, just not sponsored.

Person does not have to have a license before soliciting money for a religious cause

Cantwell v. Connecticut1940

Amish children cannot be forced to attend school after 8th grade because that sect needs a “self-sufficient agrarian lifestyle” for their faith; its threatened by exposure to modern education

Wisconsin v. Yoder 1972

Animal sacrifices are allowed as part of a church service

Lukumi Babalu Aye v. City of Hialeah 1993

People do not have to salute American flag is you see it as a violation of the Bible’s commandment against idolatry

West Virginian Board of Education v. Barnette 1943

Reynolds v. United States

• Reynolds was a practicing Mormon. Mormons believe in polygamy (marrying more than one wife). He was jailed for breaking a federal law banning polygamy.

• Found constitutional

Group Activity

• Each student was given a specific number

• Read the case study that matches your number

• All #1s, #2, #3, #4s get together

• Fill out “Guide for Analyzing Cases”

• Someone share out from each group – Do you agree with the decision of the court?