Studied by 26 people
what does the 14th amendment prohibit states from doing
making or enforcing any laws which shall abridge the privileges or immunities of citizens of the US
deny any person w/in its jurisdiction the equal protection of the law
deprive any person of life, liberty, or property w/out due process
14th amendment lead to the
incorporation of the bill of rights to the states
due process clause, equal protection clause
1st amendment
what does it prohibit congress from doing
they can make no law
establishing religion
prohibiting the free exercise of religion
abridging freedom of speech
abridging freedom of press
the right to peaceably assemble
the right to petition the gov
Baron v Balitmore 1833
what did the SC say about the bill of rights
opinion by John Marshall
the bill of rights amendment restricted only the national gov not the states
after the 14th amendment was ratified
how long did lawyers and judges debate the extent to which the amendment due process clause “incorporated“ the bill of rights and made those rights applicable to the states
over the next century
through different SC cases which slowly lead to the inclusion of the bill of rights for citizens
how did the SC use the 14th to incorporate the Bill of Rights
Due process clause: no person shall be deprived (inferred to include the 1st amendment in cases of religion in schools)
Equal protection clause: no state shall deny any person equal protection of the laws (inferred to mean you have to care about the non religious and the religious and what is fair to the rights established)
due process clause of the 14th amendment
nor shall any state deprive any person of life, liberty, or property without due process
similar to 5th amendment but that was for the national gov
1st v 14th
congress’ role
1st: congress shall make no laws
14th Sec5: congress shall have the power to enforce by appropriate legislation the provision in this article
establishment clause
congress can make no law respecting an establishment of religion
no state churches, no discrimination between dif religions
1st amendement
what is the Lemon test meant to help judges identify
laws or actions of the government that violate the establishment clause
whether the gov was establishing religion
lemon test 3 steps
statue must have secular legislative purpose
it is principal or primary effect must be one that advances nor inhibits religion
statue must not foster an excessive entanglement w/ religion
free exercise clause
congress can make no law that prohibits the free exercise of religion
equal treatment
1st amendment
aid to religious institution - movements
government must be neutral between religious and non-religious institutions that provide eduction or other social services
no taxpayer funds should be given to religious institutions if they might be used to communicate religious doctrine
1947: neutrality
1985: no aid
2017: neutrality
how did the SC change in religious aid cases from 1985 → 2002
shift from no aid to aid of neutrality
what general issue did the SC grapple w/ in Engle v Vitale, Lee v. Weisman, Kennedy v Bremerton?
how much prayer the Consitution allows in public schools
Engle v Vitale
(6/1) 1962
Black
struck down NY law that required students pray a nondenominational pray led by teachers @ the beginning of the school day
how are the public reactions of engle v vitale and brown v board similar
Warren Court cases
long standing practices of school prayer were not easily relinquished
Southern Manifesto: demands the overturn of brown
Abington School District v. Schempp
(8/1) 1963
Clark
struck down Penn law that required teachers to read from bible @ the opening of each school day
what did the SC hold unconstitutional in Engel and Abington
for public schools to lead schoolchildren in prayer or bible reading, even on ostensibly voluntary basis
Wallace v Jaffree (1985) 6/3 Stevens
struck down Alabama law requiring each school day to begin with a 1 min period of silence for “meditation or voluntary prayer“
seen as not motivated by a secular (non-religious) purpose
reaffirmed the previous cases
how did the SC use Abington and Engel in the Lee v Weisman Case
extended no school prayer to graduation ceremonies
does government sponsored prayer involving adults violate the Establishment clause?
seen as less coercive setting so it is allowed
lee v weisman (1992)
facts
middle school graduation, principal invited rabbi to talk to graduates
Weisman didn’t want the rabbi to talk at his daughter’s graduation but it happened anyway and the rabbi did conduct a prayer at the graduation
Lee v Weisman (1992)
Q presented
does the inclusion of clergy who offer prayer at official public schools ceremonies violate the establishment clause of the 1st
Lee v Weisman (1992)
decision
5/4
written by Kennedy
the establishment clause says the gov may not compose official prayers to recite as part of a religious program carried on by gov
school created a environment of subtle and indirect coercion (stand respectfully and silently) forcing students to act in ways that establish a state religion
lee v weisman (1992)
justice kennedy v Justice Scalia
kennedy (majority): religious activity is pervasive in the history of the court, breaks the rules in place
Scalia (dissent): the court is laying waste to a tradition of nonsectarian prayer to God at public celebrations generally, should allow the historic practices of our people
Kennedy v Bremerton 2022
facts
kennedy was a high school football coach, who engaged in prayer w/ # of students during / after school games
school district asked him to stop bc of the establishment clause
kennedy refused and sued for violating his rights under the 1st amendment and civil rights act of 1964
what wrinkle did Kennedy v Bremerton introduce into the constitutional debate that has existed since the SC decided Engle v Vitale
how much the Constitution protects a teacher’s free exercise of religion
1st amendment rights are
protected rights but not absolute rights
Kennedy v Bremerton 2022
Q presented
is a public school employee’s prayer during school sport activities protected speech? if so, can a public school prohibit it to avoid violating the establishment clause?
why did the court uphold Kennedy’s right to pray on the field after games
free exercise and free speech clauses protect an individual engaging in a personal religious practice observance from government reprisal
he prayed quietly w/out his students
after the game the Kennedy was not acting as a coach for his players
the county can’t prove that his prayer serves a compelling purpose
Kennedy v Bremerton 2022
lemon test Justice Gorsuch
Court abandon the test
instead: the Establishment Clause must be interpreted in reference to historical practices and understandings
Kennedy v Bremerton 2022
justice gorsuch v sotomayor
gorsuch (majority): no more lemon, we most consider instead “historical practices and understandings“
sotomayor (dissent): the court has not allow school officials to lead prayer since Engel v Vitale, it affects the constitutional protections of the religious liberty of the students and their parents
Note 
Flashcard (61)