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
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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
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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)
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