Unit 2 Review
Chp. 18-19 and Current Supreme
Court Cases
Free Exercise Case

discussed in-class: Reynolds v USA, Gobitis &
Barnette

Still need to know:
Wisconsin v Yoder (1972)
Reynolds v USA (1879)

Principle:
if the practice of your
faith VIOLATES a
federal law, your practice
must stop. [Gov’t wins!]
Gobitis & Barnette
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
Gobitis Principle: if intent
of law is secular and
important (patriotism),
then Faith needs to yield.
[Gov wins!]
Barnette: if the intent of
the law (secular and
important) can be met
another way; then law must
yield. [Faith wins!]
Wisconsin v Yoder (1972)

Basic Facts:
Yoder (Amish man) pulled
son out of school at the end
of 8th grade. New WI law
required students to stay until
16 ys old. Yoder said staying
in modern school and
learning modern info went
against his faith and violated
his son’s free exercise clause.
Wisconsin v Yoder (1972)

Ruling for YODER!
Principle: if the practice
of your faith MEETS the
INTENT of the law,
then the LAW must
change [win for Faith!]
Grant Cert?

A parochial school received government funds
to send three teachers to AP programs. A citizen
of the district claimed this action violated the
Free Establishment clause of the 1st
Amendment. The lower court sided with the
school. The Circuit Court reversed the ruling.
This action reinterpreted the Lemon Test
created by the Supreme Court in the 1960’s. The
school has requested a writ of cert.
YES – Grant cert!


Importance – Amendment issue, broad impact
on religious schools.
Some conflict & new precedence trying to be set
Match the Case with the Issue

4th Amendment

Marbury v. Madison (1803)

Judicial Review

Reynolds v. United States

Free Exercise Clause

Lemon v. Kurtzman (1979)

Establishment Clause

Kyllo v US(2001)
Match the Case with the Issue

4th Amendment

Marbury v. Madison

Judicial Review

Reynolds v. United States

Free Exercise Clause

Lemon v Kurztman (1979)

Establishment Clause

Kyllo v US (2001)
How does one become a
Supreme Court Justices?
S. Court Justices




A lifetime of experience and good reputation
Nominated by the President
Confirmed by the Senate
On FOR LIFE
Example(s) of protected
Free Exercise

Refusing to say the Pledge of Allegiance

Not stopping at red lights because you are
singing praise songs in your car

Requiring all students in a public school to be
silent while proctor prays before the SAT
Muslim student wearing a head covering to
school

Free Exercise Winners
• Refusing to say the Pledge of Allegiance
• Muslim student wearing a head covering to
school
Explain the Difference Between…

Loose Constructionist
vs. Strict constructionist
Explain the Difference Between…

Loose Constructionist vs. Strict constructionist
General: A philosophy of Constitutional interpretation
Loose constructionist = interpret the Constitution based on the intent of the
Framers within the context of today, more open
Strict constructionist = interpret the Constitution based on the letter of the
law; if it’s directly stated in the Constitution than it’s not a power of the
federal government
Put in the right order







Opinion read in public
Certiorari granted
Oral arguments
Briefs written and submitted
Trial court
File for Writ of Certiorari
Conference Held
Correct Order







Trial Court
File for Writ of Certiorari
Certiorari Granted
Write and submit briefs
Oral arguments
Conference
Opinions read in public
Matching the case with the issue


Free Speech


Free Establishment



Free Exercise Clause

Lemon v Kurtzman
Gobitas (1940) and Barnette
(1943 ) decisions
Wisconsin v. Yoder (1972)
Everson v Board of
Education
Snyder v Phelps (2011)
Matching the case with the issue


Free Speech


Free Establishment



Free Exercise Clause

Lemon v Kurtzman
Gobitas (1940) and Barnette
(1943 ) decisions
Wisconsin v. Yoder (1972)
Everson v Board of
Education
Snyder v Phelps (2011)
How does Congress
check the Supreme
Court?
Congress’ check on S. Court






Senate confirms the nominations
Senate holds the impeachment trial
Congress sets the salary
Congress sets the size of judicial districts
Congress writes the laws
Pass new amendments
When does the Supreme
Court have original
jurisdiction?
Original Jurisdiction

State vs. State issue: State is suing another state

Another nation is the one of the litigants
Match the facts with the case



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FACTS
Amish and Education
Pledge of Allegiance and 7th
Day Adventists
Busing to Parochial Schools
Mormons and Polygamy




CASE
Gobitis (1940) & Barnette
(1943)
Reynolds v US (1879)
Wisconsin v Yoder (1972)
Everson v Board of
Education(1979)
Match the facts with the case




FACTS
Amish and Education
Pledge of Allegiance and 7th
Day Adventists
Busing to Parochial Schools
Mormons and Polygamy




CASE
Gobitis (1940) & Barnette
(1943)
Reynolds v US (1879)
Wisconsin v Yoder (1972)
Everson v Board of Education
(1979)
Name the S. Court Justices
Supreme Court Justices

BACK ROW: (left to right)
Maria Sotomayor, Stephen Breyer, Samuel Alito, Elena Kegan

FRONT ROW: (Left to Right)
Clarence Thomas, Antonin Scalia, Chief Justice John Roberts,
Anthony Kennedy, Ruth Bader Ginsberg