Ch 4 Con Law

Employment Division v. Smith:

2 Native American counselors for a drug rehab organization, ingested peyote (hallucinogen), as part of their religious ceremonies. They were members of the Native American church. They were fired because of these actions. They claimed unemployment compensation. The government denied them benefits because they were fired for misconduct. Issue: Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?No. Opinion:They lost their battle in state court. The USSC vacated the Oregon's Supreme Court's judgement and returned it to the lower courts in order for them to determine whether or not use of the drugs violated Oregon's state drug laws. The Oregon Supreme Court, on remand,concluded that while Oregon drug law prohibited the consumption of illegal drugs for sacramental religious uses, this prohibition violated the free exercise clause.

Agostini v. Fleton:

A suit was brought up by the NY parochial school board and some of its student's parents. It was against a 12 year old decision which prohibited school teachers from teaching in parochial schools as a violation of the Establishment Clause. Court ruled that no evidence to support its former presumption that the entrance of public school teachers will lead to indoctrination of state sponsored religion. Court added that only policies with excessive conflict between church and state will be deemed to violate the Establishment Clause.

Zelman v. Simmons:

An Ohio school district gave out vouchers to students for private and parochial schools. People argued that this was the government sponsoring a religion. Do the vouchers from the Ohio School district violate the Establishment Clause in the Constitution? SCOTUS ruled that it was not a violation as the vouchers were only given for educational support. It was completely at the discretion of the parents whee this aid went, thus it was the parents supporting the parochial school, not the government.

Santa Fe v. Doe

Do student led prayers at high school football games violate the Establishment Clause of the First Amendment? Yes, Pre-game invocations are not "private speech" because they are authorized by government policy and take place on government property at a government-sponsored event.

West Virginia Board of Education v. Barnette:

Does the rule compelling a pledge violate the First Amendment? Yes, the state has not power to mandate allegiance in hopes that it will encourage patriotism.

Marsh v. Chambers

Ernest Chambers, a member of the Nebraska legislature, challenged the legislature's practice of offering of a prayer at the beginning of each legislative session by a clergyman chosen by the state and paid out of public funds. The Burger Court allowed for this practice to continue as it had become a part of the fabric of our society.

Walz v. Tax Commission:

Frederick Walz, brought a suit against. the New York City Tax Commission, challenging property tax exemptions for churches. He was the owner of real estate in Richmond County, New York. He argued that the exemptions forced him, to indirectly contribute to those churches since he is a taxpayer. Did the church's' property tax exemptions violate the Establishment Clause (1st Amendment)?Opinion: No, The purpose of the tax exemptions was neither to advance or inhibit religion. No one church had been singled out. It is only a considered a minimal involvement between church and state.

Would scotus uphold an act of congress for private citizens to possess any and all hand guns? How would you view the constitutional question involved

No. This would extremely decrease the amount of freedom that we are entitled to as citizens and break the 2nd amendment, which states that we have the right to bear arms.

can you think of a situation in which the constitutional ideals of individual freedom and equality under the law are in conflict? In such cases, which value should prevail?

One situation would be healthcare reform. In this example, the government is trying to give equality to all but is limiting the individual freedom of people to obtain the healthcare they want(If any at all). Individual freedom should prevail because we don't live in a society based on egalitarianism!The government will be oppressing us if they are to take our freedom away. (Everything starts small and slowing progresses; they will just end up taking more freedoms away later.)

Abington v. Schempp:

Schempp challenged a policy that required public schools to read from the Bible and recite the Lord's Prayer before school. The Court found that the required activities encroached on both the Free Exercise Clause and the Establishment Clause of the First Amendment since the readings and recitations were essentially religious ceremonies and were "intended by the State to be so."

what is substantive, as distinct from procedural, due process?

Substantive due process is the principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law. In contrast procedural due process is a principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.

Church of Lukumi v. City of Hialeah:

The Church of Lukumi wanted to perform animal sacrifice despite the City of Hialeah's law against it. The Supreme Court held that the law was unconstitutional because it particularly targeted the Church of Lukumi and as a result violated the Church's First Amendment rights under the Establishment clause.

Wallace v. Jaffrey:

The Court determined the constitutionality of Alabama's prayer and meditation statute by applying the secular purpose test, which asked if the state's actual purpose was to endorse or disapprove of religion. The Court held that Alabama's passage of the prayer and meditation statute was not only a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion.

Consider the various scotus perspectives on the concept of liberty. Which perspective resonates with you?

The perspective on the concept of liberty adopted during the Warren Court, was an interesting and fairly important one. Many of our individual rights and expectations that we have today come from case law from this era. Cases such as Miranda, Brown, and Gideon were landmark cases establishing the concept of liberty that we expect today.

is the rational basis test a form of substantive due process?

The rational basis test is that the courts will uphold a law if it is rationally related to a legitimate government purpose, thus it is not a form of substantive due process, as substantive goes to protect fundamental rights and the rational basis test allows the infringement of rights.

Consider the controversial issue of whether enemy combatants captured as a part of the war on terrorism and incarcerated at the American naval base at Guantanamo Bay, Cuba should be allowed access to the writ habeas corpus and the US federal courts. Should these individuals be allowed access to the federal courts? Use the relevant provision(s) of the Constitution to support your position

The writ of habeas corpus has historically only been suspended in emergency circumstances, including times of war. That is why the government can justify suspending habeas corpus for these "enemy combatants" for the purpose of fighting "the war on terrorism." I believe terrorism in our society is a reasonable and pressing threat and as such the writ of habeas corpus must be suspended in certain circumstances.

Freedom is valued more in our society than equality

This debate is similar to the story of Animal Farm. There is no equality without freedom. As in the novel in order to achieve collective equality some must be "more equal" than the others. Otherwise, inequality cannot be measured and eradicated between individuals. Hence, equality as a political process paradoxically requires an hierarchical structure. Freedom on the other hand is about individual's right of making choices. This is absolute. It is true that exercising basic freedom will result in different outcomes leading to conflicts and inequality by many measures. However, society that places equality above freedom inherently cannot be an equal society and likely not free while society that favors and respects freedom will seek to expand choices to minimize conflicts thus expanding equality.

Why should the federal courts be authorized to grant writs of habeas corpus to review state criminal convictions?

Two different standards authorize the federal courts to review state convictions. First, the 14th amendment guarantees equal protection of the laws. As a result, federal control is authorized to make sure there is equal protection of the laws. Furthermore, the fact that federal law always prevails over state law, and as a result federal control should be authorized.

Edwards v Aguillard:

Was the Louisiana law (Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act) , that required the teaching of creation and evolution to be taught together, if they were taught in a public school, in violation of the Establishment Clause, from the first amendment, as applied to the states through the fourteenth amendment? The court ruled that the law was unconstitutional as if failed the three prong test, it was not enacted in order to advance a clear secular purpose, it was done to advance the idea of a particular religion, and the law intertwined the advancement of religion and government.

is the incorporation of the first amendment a form of substantive due process

Yes, as it applies the constitutional right of the first amendment to protect the life and liberty of citizens through the fifth and fourteenth amendments.