Date: April 10, 2013 Topic: Freedom of Religion Aim: How has religious freedom been defined by the Supreme Court? Do Now: Describe the following provisions and explain how each has been used to expand federal power – a.) The power to tax and spend b.) The elastic clause c.) The commerce clause.

First Amendment  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 grievances. What are the clauses?

QUICK REVIEW! QUICK REVIEW! QUICK REVIEW! HOW CAN WE NOW BREAK DOWN THE FIRST AMENDMENT?

Free Exercise of Religion  The court has been historically very open in the free exercise of religion (like speech).  Church of the Lukumi Babalu Aye v. Hialleah (1993) – animal sacrifice would be allowed in the Church of Santeria.)  Reynolds v. United States (1878) – free exercise clause does not permit criminal activity like bigamy/polygamy – Federal Anti- bigamy Law.  What about conscientious objectors?  The court has said you do not necessarily have to believe in a supreme being to be an objector.

Establishment Clause  Supreme Court has made the wall of separation doctrine between church and state.  Nothing specifically in the Constitution that states separation of church and state – applied by the courts through the first amendment.  Everson v. Board of Education (1947) - wall of separation doctrine defined.  Engel v. Vitale (1962) – no prayer in public schools.  Lee v. Weisman (1992) - no prayer at graduation either.  Lemon v. Kurtzman (1971) - established the three pronged test on whether or not the establishment clause has been violated.  a.) The government action must have a secular religious purpose.  b.) The governments action must not prohibit or advance a religion.  c.) The governments action must not result in an excessive entanglement with religion. LEMON TEST!

There is still confusion…  In God We Trust – YES!  Under God – YES for NOW.  Ten Commandment displays – sometimes.yses Michael Newdow