AP Gov Court Cases - Engel v. Vitale (1962)

West Virginia State Board of Education v. Barnette (1943)

-Board of Ed. required all public schools to salute the American flag as part of their activities, and could be charged with insubordination if they didn't -Members of the religious sect Jehovah's Witnesses cited it as "idolatry" and sued the state board of ed. claiming it was unconstitutional under the establishment clause -the Court ruled that in most cases the government cannot require people to express ideas they disagree with

Dissent

-Majority opinion misapplied to the Constitution -school students were free to participate -things such as the Star Spangled Banner didn't violate the Establishment Clause -argued that the Establishment clause kept them from forming a state-sponsored church, not prohibit all types of government involvement with religion

McCollum v. Board of Education (1948)

-The court said a public school violated the Establishment Clause by allowing it to teach religious instruction during school hours on school property -schools set aside time for religious instruction, organized a religious community to teach school children, and administered instruction -violated Establishment clause by establishing a government preference for certain religions

Facts

-each day, NY students would participate in a school-provided prayer, drafted by the state education agency -The prayer was said aloud in the presence of teachers, who either led the prayer or selected a student to -Two Jewish families, a member of the American Ethical Union, a Unitarian and non-religious person sued the local school board -argued that the prayer violated the 1st Amendment's establishment clause -NY Courts upheld the prayer, and it was heard by SCOTUS

Establishment clause

Congress cannot establish a religion for the United States ("separation of church and state")

Exercise Clause

Congress cannot make laws prohibiting an individual's practice of the religion of their choice

First Amendment

Congress shall make now law respecting an establishment of religion (establishment clause), or prohibiting the free exercise thereof (exercise clause)

Majority Decision

Ruled 6-1 in favor of the parents. -school-sponsored prayer was unconstitutional because it violated the Establishment clause -government officials included school administrators who sponsored the prayer and used a government program (school instruction) to advance religious efforts -purpose for Establishment clause was that religious could destroy government -preventing the government from sponsoring prayer doesn't indicate hostility towards religious beliefs