Class questions on civil liberties chapter 5
1- What is the difference between civil liberties and civil rights?
2- Does the bill of Rights apply to the actions of government? Does it apply to those
of individuals or private employers?
3- Are the guarantees of the Bill of Rights absolute? Under what circumstances may
government restrict fundamental rights? The compelling interest.
4- Does the Bill of Rights apply to the states? If so, how?
The First Amendment:
5- What are the two provisions related to religion in the First Amendment?
6- Define the Establishment Clause? A Wall of Separation v. Accommodation.
7- How does the Supreme Court use tests or standards as policy guidelines to
determine whether the Establishment Clause has been violated?
Civil liberties cases are an excellent example of the tension between an individual
right and the wishes of the majority.
A- Establishment Clause cases: the cases are about the degree to which government
may constitutionally support religion without violating the Establishment Clause.
1- Public aid to parochial schools:
Lemon v. Kurtzman (1971).
2- Government-sponsored prayer:
a- Engel v. Vitale (1962).
b- School district of Abington v. Schempp (1963) (Court opinion, Justice Black
dissenting, Justice Brennan concurring)
c- Elk Grove unified School district et al. v. NEWDOW et al. (2004)- about the
pledge.
3- Public display of religious symbols: the cases are heavily fact-driven, and must be
seen in light of its settings (who is erecting the display, where, other symbols
involved, size, etc.)
a- Lynch v. Donnelly (1984).(Court opinion, Justice Brennan dissenting)
b- Van Orden v. Perry (2005). (Court opinion, Justice Stevens dissenting)
c- McCreary County v. American Civil Liberties Union (2005). (Court opinion,
Justice O’Connor concurring, Justice Scalia dissenting).
d- Pleasant Grove City, Utah. V. Summum (2009)
B- Free Exercise cases: The degree to which govt. may constitutionally interfere with
religious practices without violating the free exercise Clause.
Can government restrict religious practices?
1- Cases involving a deliberate effort by govt. to restrict the religious practices of
small controversial religious groups:
Church of Lukuma Babalu Aye v. Hialeah (1993)
West Virginia State Board of Education v. Barnette (1943).
Torcaso v. Watkins (1961)
2- Cases involving general laws or govt. procedures that have an incidental impact
on religious practices but are otherwise neutral with respect to religion:
State of Wisconsin v. Jonas Yoder (1972).
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Employment Division v. Smith (1990).
Reynolds v. US (1878)
Short assignment:
Role of Religion in Govt.
Take a position: What role should religion play in government?
As you develop your argument, answer the following questions:
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What do supporters of religion in government (accommodationists) value?
Identify at least two of their arguments.
Consider their attempt to use the power of govt. to enact laws that conform
with their beliefs. Identify bills that they are fighting for or against.
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What about those who believe in the separation of church and state. What
do they value?
Identify at least two of their arguments.
 Consider their attempt to use the power of govt. to enact laws that conform
with their beliefs. Identify bills that they are fighting for or against.
 Conclusion:
 What is your stand on the issue of separation of church and state. Support
your position with good arguments. ( at least two).
Recommended websites:
- The Christian Coalition of America may be the most recognized organization that
contends that church and state should not be separate. On this organization's web site
you will be able to read about current bills that the group is fighting for or against in
Congress.
--The Americans United for Separation of Church and State web site. The site has
links to hundreds of newspaper articles that relate to issues important to the group, as
well as cases regarding the separation of church and state that are currently before a
court.
ACLU website
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