APS Day 33 Agenda

APS Day 33 Agenda
Goal – to understand that there are differences between liberties and rights.
To understand that the two religion liberties are not absolute – leading to a
complicated situation in the real world
• Use your text to define the difference between civil rights and civil liberties.
Write an explanation of the difference and list three examples of rights and
three of liberties
– How do rights and liberties reflect the two dilemmas of gov’t?
– Why are there debates about each?
– Are liberties or rights easier to infringe upon?
• Read about Lemon v Kurtzman and Abington v Schempp in your text (see
– How do these cases relate to the establishment and free exercise clauses?
– What is the current interpretation of Constitutional Law regarding religion?
– Identify the tripartite Lemon Test and explain how it relates to the two religion
clauses in the 1st Am.
• Introduction of the final project.
• Review of final exam essays – make sure you find current examples to
support your answers.
• Continue Gideon and answer questions
2 types of freedom –
of and From
• Freedom is used in two major senses:
–Freedom of: the absence of constraints
on behavior - freedom to do something
Freedom from: immunity from fear and
want; the fight against exploitation,
oppression, discrimination.
American Political System – Final Essay Questions
1. In practice, which branch of the federal govt. has the most power? Use
current and /or historical examples to support your position.
2. Is our government today still based upon the following principals
established by the Founding Fathers?
Popular sovereignty
Separation of Powers
Limited Government
Checks and Balances
3. Explain the role of TWO of the following groups and evaluate whether they
have a positive or negative impact on the American political system.
Political Parties
Interest groups and lobbyists
The Media
Ideologies: A Two-Dimensional
Establishment Clause
In the words of the Court in Everson (1947 ):
“The establishment of religion clause means at least this: Neither a
state nor the federal government may set up a church. Neither can
pass laws that aid one religion, aid all religions, or prefer one
religion over another. Neither can force a person to go to or to
remain away from church against his will or force him to profess a
belief or disbelief in any religion... . Neither a state or the federal
government may, openly or secretly, participate in the affairs of any
religious organizations or groups and vice versa. In the words of
Jefferson, the clause against establishment of religion by law was
intended to erect 'a wall of separation between church and state.'"
Engel v Vitale (1961)– Court ruled that states cannot force students
to say a prayer in public schools
Abington v Schempp (1963) Cannot have a school sponsored Bible
Lemon v Kurtzman – the Lemon Test
1 – state action must have a secular purpose – the goal of the action
must relate to something that the state already has the power to legislate.
This is the idea that government should only concern itself in civil
matters, leaving religion to the conscience of the individual.
2 – The state action may not have the primary effect of advancing or
inhibiting religion.
3 - the state action may not excessively entangle religion and government
While still Constitutional Law, Agostini 1997 modifies the Lemon Test to
2 parts instead of 3 – purpose and effect. Is there a secular purpose and
does the effect of the action coerce private practice, entangle the state or
endorse or denigrate religion? In Agostini the court held that remedial
education has a secular purpose and a neutral effect on religion.