Unalienable Rights and Freedom of Religion

Bill of Rights

• The first ten amendments of the Constitution.• The Bill of Rights were added to the constitution

to protect individual rights and many states would not ratify the constitution unless they were added.

• They were ratified by the states on December 15th, 1791

• These amendments guarantee citizens certain rights and liberties.

Civil Liberties

• Are protections against the government.• They are guarantees of the safety of

persons, opinions, and property from arbitrary acts of government.– Freedom of speech– Freedom of religion– Freedom of the press– Right to a fair trial

Civil Rights

• Are the positive acts of government that seek to make constitutional guarantees a reality for all people.– Eliminating discrimination on the basis of

race, sex, religious belief, or national origin.– This criteria was set out in the Civil Rights Act

of 1964.

Limited Government

• The Constitution contains many guarantees of personal freedoms that restricts the power of the federal government.

Rights are Relative not Absolute

• What does this statement mean?– Everyone has the right to do as they please

as long as they do not infringe on the rights of others.

– Press coverage that could cause bias in a court case can deny a person their right to a fair trial.

Who has rights?

• Constitutional rights are guaranteed to all citizens.– The Supreme Court has also held that some

rights apply to aliens (non citizens) as well.• Not all rights are given to aliens that live in

the United States.

Due Process Clause

• “No state shall… deprive any person of life, liberty, or property, with out due process of law…”

• No state can deny to any person any right that is basic or essential to the American concept of ordered liberty.

• Most of the protections of the Bill of Rights are also covered by the 14th amendments due process clause.

Freedom of Religion

• Why do we include freedom of Religion in our Constitution?– The early colonist came to America to escape

persecution for their religious beliefs.• Establishment Clause

– Prohibits the establishment of an state religion.– Creates the idea of the Separation of Church and

State• How does this promote religious freedom?

Religion and Education

• The establishment clause has most often been used to settle disputes between religion and education.– Released Time a program that allowed

students to be released from school early to attend religious events. (unconstitutional)

– Prayers and the Bible- public schools cannot sponsor religious exercise.

• Students can individually pray and schools can study the Bible in a literary or historical context.

• Student Religious Groups– All public schools must allow for student

religious groups to meet on campus.• Evolution

– On several occasions the court has struck down state laws that have forbid the teaching of evolution.

– The court has also struck down the state of Louisiana forcing teachers to teach creationism along with evolution.

Aid to Parochial School

• These schools argue that since the parents pay taxes that help fund public schools and also have to pay tuition, then Parochial Schools should receive some public funding.

• The Supreme Court has agreed to this but there are some stipulations.– The purpose of the aid must be secular– It must neither advance nor inhibit religion– It must avoid an “excessive entanglement of

government with religion”

Other Establishment Clause cases

• Ten Commandments displays– In Texas, the ruling was deemed

constitutional and the monument was allowed to be displayed.

– In Kentucky, a different court ruling deemed that the monument was unacceptable and was an endorsement of religion.

• Why would these ruling be so different?

Free Exercise Clause

• Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion.

• No law or other government action can violate that absolute constitutional right.

• The free exercise clause does not allow people to violate criminal law in the name of religion.

Limits on Free Exercise

• The court has upheld laws that require vaccination of schoolchildren to attend public school.

• The Federal Government can draft those who have objections to military service.

• States that provide financial aid to students who attend public colleges and universities do not have to make that available for students studying to become ministers

Classwork

• What is the Difference between Civil Rights and Civil Liberties– Civil rights are positive acts of government

that seek to make constitutional guarantees for all people

– Civil liberties are protections against arbitrary acts of government

• What is the Bill of Rights, and how did it come to be added to the Constitution?– The Bill of Rights is the first 10 amendments

to the Constitution– It was added during the first session of the

new Congress following public demand.

• How does federalism affect the guarantees of individual rights?– Federalism means that restrictions on the

national government concerning individual rights as set out in the Constitution do not apply to the states.

• What guarantees in the Bill of Rights are not now covered by the 14th amendments due process clause?– Not covered are gurantees regarding the right

to bear arms, the quartering of troops, grand juries, and trial by jury in civil cases.

• What is the Establishment Clause and give one example of an Establishment Clause issue.– Sets the idea of Separation of Church and

state.• Seasonal Displays• Display of Ten Commandments• Chaplin led prayers in the legislature

• Give an example of a Supreme Court ruling that limits the free exercise clause.– Jacobson v. Massachusetts

• Schoolchildren must get vaccinated to attend public school.

Quick Write

• Is the limitation of the Free exercise clause in Jacobson v. Massachusetts infringing on the freedoms of this group or a valid concern?