SC POLI 201 - Freedom Of Religion (3 pages)

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Freedom Of Religion



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Freedom Of Religion

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Pages:
3
School:
University Of South Carolina-Columbia
Course:
Poli 201 - American National Govt

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Freedom Of Religion Establishment The lemon test the Supreme Court specified three conditions every law must satisfy Lemon V Kurtzman 1971 Led to inconsistent decisions in implementation Testing a Policy s Neutrality By 1990s lemon test was falling out of favor for the neutrality test Designed not to prevent favoritism School Prayer and Bible Reading The Supreme Court stands on school prayer and bible reading in public school Engel V Vitale 1962 Freedom of Religion Free Exercise Does the government have compelling interest in legislation Balance that interest against the degree of infringement on free exercise Employment Division V Smith 1990 Otherwise valid neutral laws that incidentally impinge on a particular religious practice do not violate the 1st amendment free exercise clause No compelling government interests need to be shown But if law is not neutral i e targets a specific religious practice Gun Rights 2nd Amendment 200 years Supreme Court interpreted it as a collective good rather than personal freedom National Rifle Association argue the amendment guarantees an individual right to own gun People ultimate check on government tyranny District of Columbia V Heller 2008 Supreme court adopted the individual right Criminal Rights Article 1 of Constitution Provides Writ of habeas corpus court orders where judge requires authorities to prove they are holding a prisoner lawfully and that allow prisoner to be freed if innocent Habeas corpus rights imply that prisoners have a right to know what charges are made against them Prohibits ex post facto laws laws that make an act punishable as a crime even if the act was legal at the time it was committed Prohibits bill of attainder laws declaring that it is illegal without a judicial trial Bill of Rights further supplements criminal rights in Article 1 4th 8th amendment 4th Amendment protects people from unreasonable searches by the federal government Katz V United States 1967 The Supreme Court did not limit protections



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