Constitutional Law (Con Law) Outline 1 - First (1st) Amendment [PDF]

May 17, 2012 - Constitutional Law (Con Law) study outline for final exams for Professor Mazur's Constitutional Law class

5 downloads 17 Views 2MB Size

Recommend Stories


Constitutional Law
Forget safety. Live where you fear to live. Destroy your reputation. Be notorious. Rumi

Constitutional Law
The wound is the place where the Light enters you. Rumi

8 constitutional law
Seek knowledge from cradle to the grave. Prophet Muhammad (Peace be upon him)

Constitutional and Administrative Law
If you want to go quickly, go alone. If you want to go far, go together. African proverb

Canadian Constitutional Law: federalism
Knock, And He'll open the door. Vanish, And He'll make you shine like the sun. Fall, And He'll raise

Constitutional and Administrative Law
We can't help everyone, but everyone can help someone. Ronald Reagan

constitutional law 2016
Silence is the language of God, all else is poor translation. Rumi

8 constitutional law-i
Almost everything will work again if you unplug it for a few minutes, including you. Anne Lamott

constitutional law summary
Don’t grieve. Anything you lose comes round in another form. Rumi

the criminal law (amendment)
So many books, so little time. Frank Zappa

Idea Transcript


Home

Documents Documents

Study notes

Questions

Blog

Study notes Law

EN

L O G IN

R EG IST ER

Study notes Law

Constitutional Law (Con Law) Outline 1 - First (1st) Amendment, Freedom of Religion Professor Mazur, Study notes for Law. University of Florida (FL) University of Florida (FL) Law, Law

5 pages

PDF (196 KB)

1

1000+

D ESC R IPT IO N Constitutional Law (Con Law) study outline for final exams for Professor Mazur's Constitutional Law class at UF Levin College of Law. Section 1 topics include but not limited to: First

gator_law 17 May 2012

(1st) Amendment, Freedom of Religio...

C O MMEN T

20

points

D O WN L O A D T H E D O C U MEN T

Preview3 pages / 5

Related Notes

Constitutional Law (Con Law) Outline 1 - First (1st) Amendment, Freedo...

Constitutional Law (Con Law) Outline 6 Fundamental Rights Under Due ...

Constitutional Law (Con Law) Outline 3 - Civil Rights Laws, Criminal L...

Constitutional Law (Con Law) Outline 6 - Equal Protection, Classificat...

Constitutional Law (Con Law) Outline 4 Federal Executive Power, Inhe...

Constitutional Law (Con Law) Outline 7 Gender Classification, Due Pr...

L O A D MO R E

This is only a preview 3 shown on 5 pages Download the document

This is only a preview 3 shown on 5 pages Download the document

Share

Embed this document on your website

from the same user

Constitutional Law (Con Law) Outline 6 Fundamental Rights Under Due ...

Constitutional Law (Con Law) Outline 5 Reasonable Relationship, Clas...

Constitutional Law (Con Law) Outline 4 What's Incorporated, Applicat...

Constitutional Law (Con Law) Outline 3 Dormant Commerce Clause, Disc...

Constitutional Law (Con Law) Outline 2 Constitutional Interpretation...

Related Subjects Administrative LawAnglo-American Law Banking Law and PracticeCivil LawCivil procedure Commercial LawComparative Law and Politics Competition Law and PolicyConstitutional LawContract Law Corporate LawCriminal LawCriminal procedureEconomic law Environmental LawEuropean Union lawFamily Law Insurance lawInternational Commercial LawInternational Law International Public LawIslamic LawLabour LawMaritime Law Private international lawPrivate lawProcedural Law Public LawRoman LawTrade Union Law

This is only a preview 3 shown on 5 pages Download the document

This is only a preview 3 shown on 5 pages Download the document

L O A D MO R E

Search in the document preview Search keyword... Microsoft Word - Docsity Upload Template.docx Constitutional Law Outline Professor Mazur, Spring 2010 Professor Mazur, Spring 2010 us.docsity.com I. First Amendment: Religion A. Introduction I. Two clauses dealing with Religion 1. Establishment clause – “Congress shall make no laws respecting an establishment of religion a. Purpose is to prevent government from endorsing/supporting a religion b. Incorporated into the Due Process Clause by Everson v. Board of Education. c. More controversial than free exercise because it is directed at the government 2. Free Exercise Clause – “or prohibiting free exercise thereof” a. Main purpose is to prevent government from outlawing or burdening a person’s pursuit of whatever religion, beliefs, and practices he chooses. Government cannot burden one’s belief b. First applied to the states through incorporation into the Due Process Clause of the 14th in Cantwell v. Connecticut. c. Often happens when government: i. Acts in pursuit of non-religious objectives by forbidding conduct required by a religion (army forbidding hats but Jews required to wear yamakas according to Jewish religion) OR ii. Compels/encourages conduct forbidden by belief (Sherbert: awarding benefits to jobless workers who make themselves available to work Mon-Sat à encourages conduct that violates religious beliefs that people can’t work on Sabbath. Gvt must exempt to avoid unintentional interference w/ religion if it can be done w/o impairing compelling purpose.) II. Both clauses protect freedom of religious belief and actions. Many government actions would violate both at the same time. III. Conflict arises when: religious group asks for gvt benefit. 1. If benefit given à Establishment problem 2. If benefit not given à could be burdening of religion 3. When these clauses conflict, Free Exercise Clause > Establishment Clause IV. Government actions to facilitate free exercise might be challenged as impermissible establishments and government efforts to refrain from establishing religion might be objected to as denying the free exercise of religion. V. Lemon Test: this is the primary test used for the establishment clause which states; 1. The government violates the Establishment Clause if the government’s primary purpose is to advance religion, or if the principal effect is to aid or inhibit religion, or if there is excessive government entanglement with religion. a. comments (0)

no comments were posted be the one to write the first!

C O MMEN T

This is only a preview 3 shown on 5 pages Download the document

The Project The team Contact Documents Questions Blog Cookie Policy Terms of Use Privacy Made with love in Rome and Turin

Smile Life

When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile

Get in touch

© Copyright 2015 - 2024 PDFFOX.COM - All rights reserved.