Alabama V. Jaffree ( 1985 )

This amendment evidently states that everyone in the United States is entitled to practice the religion of his or her choice and the right to voice his or her opinions. After a careful analysis, the District Court “question[ed] whether the First Amendment impose[d] any barrier to the establishment of an official religion by the state of Alabama” (Wallace V. Jaffree). The District Court considered the First Amendment of the US Constitution as clearly prohibiting the federal government from setting up a state church. Yet, when the First Amendment was ratified, there was no section preventing state governments from establishing a church. The District Court interpreted the First Amendment as emphasizing freedom of religion to all, including in the state of Alabama. Shortly after this analysis, the District Court concluded, “the establishment clause of the first amendment to the United States Constitution does not prohibit the state from establishing a religion” (Wallace V. Jaffree). Thus, the one-minute period of meditation or voluntary prayer in Alabama’s public schools was acceptable because the state was entitled to freedom of religion.

Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.

Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

“Since prayer was removed from public school classrooms in 1962, we have had a 6-fold increase in violent crime, our divorce rate has tripled,births to single mothers have increased 5-fold, the teenage suicide rate has tripled, and SAT scores have dropped 10%.(Creation Today). Reasons that represent why prayer and moments of silence should be allowed in the public school system will be expressed. This essay will represent the affirmative stance when regarding this topic of school wide prayer and moments of silence.

Hannah Patrick, one has only to look at some of the cases such as Coker v. Georgia to feel that the death penalty does not violate the Eight Amendment’s ban on cruel and unusual punishment. However, the U.S. Supreme Court says it is excessive punishment for the rape of an adult woman and that it violates the Eighth Amendment prohibition of cruel and unusual punishment. In Coker v. Georgia, the defendant raped a woman and stabbed her to death. Eight months later he kidnapped another woman, raped her twice, and abandoned her to die after biting her severely. While he was serving multiple life terms in prison, he escaped and kidnapped, raped, and robbed a third woman at knifepoint (LeSage, 1978). I do not see how you can read about this case and decide as the U.S. Supreme Court did.

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

The United States’ attention was captivated on the Supreme Court Case of Powell vs Alabama during the 1930s. During the time period, this case revealed the brutal treatment towards African Americans more than any other event. The case began on March 25, 1931, when a group of young white and African American youths were traveling on a train to find a job. A physical encounter broke out between them and the white youths were thrown out of the train. Then they reported the incident to a stationmaster, who stopped the train. The police arrived to gather the nine African Americans and brought them to jail. Nine young African Americans were recognized as the “Scottsboro boys”. They were accused of rape of two white women on that train. The white jury convicted eight of them, all except one, the youngest at 12-years-old, and were sentenced to death. These youths were falsely charged with raping two white women in Alabama. Although there was no evidence that linked the African Americans to the white women, they were still charged with sexual assault. The two women -- fearing prosecution for their sexual relationship with the white men agreed to testify against the black youths. The Supreme Court Case of Powell vs Alabama is crucial in both Civil Rights history and in the evolution of the Constitution.

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were

The First Amendment states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of

The First amendment states that “Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech (U.S. Const. amend. I). The 14th amendment incorporates the free exercise of religious rights to the state, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. ament. XVI). States may provide more protection than is guaranteed by the Bill of Rights, but they may not provide less. Under the Free

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

The first clause of the first amendment to the United States Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (“First Amendment” 1). In Santa Fe, Texas, a student “chaplain” was elected by his or her classmates to give pre-game prayers at high school home football games over the school’s public address system. Several students sued, arguing that such solemnizing statements or prayers constituted an endorsement of religion, violating the Establishment Clause of the first amendment. The district countered that the pre-game invocations were a long-standing tradition in Texas communities, and because the prayer came from

Since the early 20th century many lawsuits have been brought forth challenging mandatory prayer and bible readings in schools, arguing that students should not be forced to practice any religion other than their own. Since then, the Supreme Court has ruled repeatedly that, “prayer in schools, Bible readings, and other such religious practices are violations of the First Amendment (Find Law)”. The decisions of the Supreme Court stand as huge “milestones between federalism and states ' rights (Find Law)”.

This article analyzes the First Amendment of the United States Constitution in order to persuade the reader that religious education should be included in school curricula. However, Chaffee argues that public schools may not hinder nor prohibit the teachings of a specific religion over others, as “Public schools uphold the First Amendment when they protect the religious liberty rights of students of all faiths or none. Schools demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education” (Chaffee). Chaffee then mentions Professor Charles Haynes, a First Amendment scholar, master teacher, activist and change agent, whom he has spoken to about the matter.