The Bill of Rights
Added to Constitution Dec. 15,
1791
The Constitution and the laws passed
by Congress have created Civil
Liberties and Civil Rights
A. Civil Liberties—protection against government
action
1. Examples: freedom of religion, speech,
and press.
B. Civil Rights---positive acts of government that
seek to make the Constitutional liberties a reality
for all people.
1. Includes prohibitions of discrimination
on the basis of race, sex, religion, national
origin set out in the Civil Rights Act of 1964.
Rights, Freedoms and Liberties are
not Absolute
Absolute freedom = absolute chaos
 Yelling fire (when there isn’t one) in a
crowded theater in not protected free
speech.
 Obscenity is not protected free speech.
 In General ---Your rights end where the
next person’s begins.
 Another way of saying it is your right to
swing your fist ends at another persons
nose.

To whom are rights, freedoms, and
liberties given???????

The Constitution says to all persons, not
just citizens---therefore people in this
country who are not citizens are also
guaranteed most rights, freedoms, and
liberties.
Exception: the unwritten right to travel
freely inside the country is not given to
non citizens.
Are the rights, freedoms, and
Liberties listed in the Constitution the
only ones we have?????
No !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 9th. Amendment to Constitution says “ the
enumeration of certain rights, shall not be
construed to deny or disparage others retained
by the people.”
 It has been the job of the Supreme Court to
determine what those rights are.
 Examples: a woman’s right to choose,
The right of citizens to travel freely inside the
United States.

1st. Amendment---Freedom of
Expression

Freedoms of religion, speech, press, the
right to peacefully assemble, and to
petition the government.
A free country cannot exist without the right
of free expression.
Freedom of Religion

Establishment Clause:
Congress shall make no law respecting an
establishment of religion,

Free Exercise Clause:
or prohibiting the Free exercise thereof;
The Virginia Statute for Religious
Freedom 1786

Among the sources for the Bill of Rights
was the Virginia Act for Establishing
Religious Freedom, which Thomas
Jefferson first proposed in 1779 and the
General Assembly of Virginia adopted in
1786.
The Establishment Clause
Jefferson said in a letter that “there should
be a wall of separation between church
and state”.
 The question left to the Supreme Court to
decide is how high should that wall be?
 The Supreme Court on numerous
occasions has said that government and
religion are not enemies or strangers to
one another.

Relationships between Government
and Religion that have not been
found in violation of the
Establishment Clause
Churches free from taxation
2. Chaplains in armed services
3. Oath of office in name of God
4. Congress begins sessions with prayer
5. “In God we trust” on money
6. Pledge includes “one nation under God”
1.
Can a state law require public tax
supported busing of students who
attend parochial schools??

Yes, Everson v. Board of Ed 1947

Court ruled safety of children more
important than any violation of the
Establishment Clause
Can a local school board require
religious education in public school
classrooms????

No, McCullum v. Board of Ed 1948

Supreme Court said that this was in
violation of the Establishment Clause. It
was government promoting religion.
Can a local school board allow
released time for religious education
off school grounds????

Yes, Zorach v. Clauson 1952
The Supreme Court ruled this way because
it was off school grounds, not required by
the school, not financed by the school,
and the students had parental permission.
Ruling differently would have infringed
upon parents rights to raise their children.
Can a State require by law that all
businesses be closed on Sunday out
of respect for the Christian
Sabbath??????????????
No, McGowan v. Maryland 1961
 These laws were common in most states.
They were nicknamed “Blue Laws”.
 Supreme Court said that the state was
promoting religion and specifically
promoting the Christian religion.

Can a state require that the school
day begin with a written prayer even
though students did not have to
participate and the prayer was nondenominational ?????????????

No, Engel v. Vitale 1962

The Court ruled that the government was
in violation of the Establishment Clause
because it was a prayer written by the
state.
Review
Be able to define Civil Liberties and Civil Rights
 Are rights absolute?
 To whom are rights, freedoms, and liberties given?
 Are rights listed in Constitution the only rights we have?
examples
 What is the importance of the 9th Amendment?
 What rights are considered part of your freedom of
expression?
 Identify Establishment Clause and Free Exercise Clause.
 What is the importance of the Virginia Statute of
Religious Freedom? Who wrote it? What did it say?
 Where does the phrase “wall of separation between
church and state” come from?
 Identify examples of relationships between Church and
State that have not been found in violation of
Establishment Clause.

Review continued
Know results of Everson v. Board of Ed
 Know results of McCullum v. Board of Ed
 Know results of Zorach v. Clauson
 Know results of McGowan v. Maryland
 Know results of Engel v. Vitale
 Know Listening Guide from Video on
Freedom of Religion shown on Wednesday

Can a state require that the school
day begin with reading from the Bible
and recitation of the Lord’s Prayer?
No, Abington School District v.
Schempp 1963
 State was in violation of the Establishment
Clause because it was promoting the
Christian Religion.
 However, students may study the Bible as
an historical or literary work.

Can a state prohibit the teaching of
evolution in school on the grounds
that it was a religious doctrine

No, Epperson v. Arkansas 1968
The state of Arkansas argued that evolution
was a religious doctrine “Secular
Humanism”.
 Court ruled that evolution was not
religious doctrine and the state of
Arkansas was actually promoting religious
doctrine by outlawing its teaching.
Can a state prohibit the teaching of
Secular Humanism on the grounds
that it is a religious doctrine?

Secular Humanism can not be prohibited
Its basic tenets may be summarized as:
1.Humans have inherent value and can solve human
problems
2. All knowledge is gained through rational process
(organized religion is denied)
3. Science and rational thought are enhanced through
democracy and free speech
Can a state require that the 10
Commandments be posted in all
public school classrooms???
No, Stone v. Graham 1980
 Court ruled this was promoting religion
and therefore in violation of the
Establishment Clause.
 Just 2 years ago a similar case came
before the Federal Courts when the
Alabama Supreme Court building had a
statue of the 10 Commandments in the
lobby. The Federal Courts forced the
Alabama Supreme Court Judge that put
the statue there to remove it.

Can a city have a nativity scene
included in a holiday display, on
government property, if it part of a
display that also includes Santa and
other non religious items???
Yes, Lynch v Donnelly 1984
 Court considered this not in violation of
Establishment Clause because it
celebrated a holiday season and not
specifically a religious holiday.

Can a local government have a
holiday display, on government
property, that celebrates the birth of
Jesus by displaying a banner that says
“Glory to God in the Highest”?
No, County of Allegheny v. ACLU 1989
 Supreme Court found this a clear violation
of the Establishment Clause.

Can a state pay a chaplain with
public funds to say a prayer to begin
a session of the State Legislature?
Yes, Marsh v. Chambers 1983
 The Supreme Court said: “unlike school
children, legislators were not susceptible
to religious indoctrination or peer
pressure.”

Can a state require a one minute
period of silence for meditation or
voluntary prayer to start a school
day?
No, Wallace v. Jaffree 1985
 The Supreme Court took exception to the
inclusion of the word “prayer”, even
though it was voluntary.

Can a school system provide for an
offering of a prayer as part of the
graduation ceremony?
No, Lee v. Weisman 1992
 The Supreme Court said that this was in
violation of the Establishment Clause
because the prayer was planned for by the
School System.

Can a state require the teaching of
“Creationism” as an alternate point of
view from Evolution???
No, Edwards v. Aguillard 1987
 The Supreme Court said that any required
teaching of the Biblical story of creation in
public schools was in violation of the
Establishment Clause.

Can a school system have as their
stated policy that all athletic events
begin with a prayer????
No, Santa Fe School District v. Doe
2000
 Supreme Court said that since it was
School Board Policy it was in violation of
the Establishment Clause.

Free Speech vs. The Establishment
Clause
1.
2.
3.
4.
Can a student at graduation on their
own, without school system direction,
offer a prayer? Yes
Can a student wear a shirt that has a pro
Christian message on it to school? Yes
Can students pray before school or
during lunch? Yes
Can a student bring the Bible or other
Holy Books to school? Yes
Using the argument of separation of
church and state, can a state deny a
student a scholarship that he or she
has earned based on grades and test
scores, because they plan to use that
scholarship to go to a religious
school and become a priest/minister?

In a very controversial decision in 2005,
the Supreme Court upheld the states
action of denying the scholarship to the
student.
Equal Access Act of 1984
Any public high school that receives
federal funds (nearly all do) must allow
student religious groups to meet in school
on the same terms as they allow other
student organizations.
 Examples:
1. Fellowship of Christian Athletes.
2. Rally around the pole.
3. A church group who would like to use
the school facilities after the school day
for worship.

How much aid can the federal, state,
and local governments give to
parochial schools??????

Supreme Court attempts to settle the question
in Lemon v. Kurtzman 1971 by setting up
what becomes known as the “Lemon Test”.

For the government aid to the parochial school
to not violate the Establishment Clause the
answer to the following three questions must be
YES.
Lemon test questions
1. Is the purpose of the aid secular (non religious)?
2. Does the primary effect of the aid neither advance
nor inhibit religion?
3. Does the aid avoid excessive entanglements of
government with religion?
Examples of Lemon Test in use:
1. State can not pay salary of parochial teachers.
2. State can pay parochial schools money to
administer state sponsored test
3. State can provide funds to provide an interpreter
for a deaf student at a parochial school.
Free Exercise Clause Cases
Congress shall make no law
prohibiting the free exercise of
religion

Can the government prohibit polygamy
(having more than one wife) even though
it was part of a religious doctrine?

Yes, Reynolds v. U.S. 1879
Can a state require school children
receive vaccinations even though it is
against the religious teaching of a
certain group?

Yes, Jacobson v. Mass. 1905

The Supreme Court said that The law
protected the health of children and the
community.
Can a state forbid the handling of
poisonous snakes in a religious
ceremony?

Yes , Bunn v. North Carolina 1949
Law protects those in congregation that
might not believe in handling snakes--especially children.
Can a state require that a person get
a license before they ask for
donations for a religious cause?
No, Cantwell v. Connecticut 1940
and Watchtower Bible and Tract
Society v. Village of Stratton 2002
 A violation of the freedom to worship and
free speech rights.

Can the state require that children
go to school up to a certain age even
if a religious group (Amish) want to
take them out of school after the 8th
grade?

No, Wisconsin v. Yoder 1972

Do the Amish have to pay Social Security
taxes even though they don’t use the
system? Yes
Can the federal government draft
people into the military even if they
have religious objections?

Welsh v. U.S. 1970---only persons
whose consciences would give them no
rest if they allowed themselves to become
part of an instrument of war are exempt
from the draft.




Review
You will not need to know the names of cases, but you
will need to know what the court decided ---for example:
Can a school system have as their stated policy that
athletic events begin with a prayer? Answer ---No
Cases you will be responsible for: Abington v. Shempp,
Epperson v. Arkansas, Stone v. Graham, Lynch v.
Donnelly, County of Allegheny v. ACLU, Marsh v.
Chambers, Wallace v. Jaffree, Lee v. Weisman, Edwards
v. Aquillard, Santa Fe School District v. Doe, Reynolds v.
U.S., Jacobson v. Massachusetts, Bunn v. North Carolina,
Cantwell v. Connecticut, Wisconsin v. Yoder, Welsh v.
U.S.
Also be able to define Secular Humanism---is it
considered a religion by the courts?—be able to define
polygamy, and identify Equal Access Act.
Review Continued
Be able to give examples of the Lemon
Test.
 Be able to give examples of cases and
decisions concerning Free Speech vs. The
Establishment Clause.
 Be able to discuss and explain if the
Supreme Court, in your opinion, has taken
the separating of government and religion
too far or not far enough. Be able to give
examples of decisions that you disagree
with.
