1. + Constitutional Rights and Freedom of Religion Chapter 13, Sections 1-2

2. + Constitutional Rights Constitution guarantees basic rights in the Bill of Rights Incorporation extended the Bill of Rights to all levels of govt.

3. + 14 th Amendment expanded individual rights “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law.” 14 th Amendment, 1868 Due process applies to state and local govts.

4. + Importance of Incorporation US citizens in every state have the same basic rights Prohibits state govts. from ignoring the rights of individuals Nationalization - citizens who believe that state or local authorities have denied them basic rights may take their case to fed. courts

5. + Freedom of Religion Protected by the first amendment The establishment clause – states that “Congress shall make no law respecting an establishment of religion” The free exercise clause – prohibits govt. from unduly interfering with free exercise of religion

6. + Establishment Clause “wall of separation between Church and State” – Thomas Jefferson Supreme Court resolves disputes involving religion and government – uses Jefferson’s phrase as basis for rulings Where do you see religion or mention of God in public life?

7. + Freedom of Religion Landmark cases: Lemon v. Kurztman- a PA law to reimburse nonpublic schools for teachers' salaries- secular material, secular textbooks and materials; unconstitutional Established Lemon Test State aid to parochial schools Have a clear secular legislative purpose Does not advance or inhibit the religion Avoid excessive government entanglement with religion Engel v. Vitale- prayer in schools, even non-denominational is unconstitutional

8. + Everson v. Board of Education handout

9. + Freedom of Religion and Schools Everson v. Board of Education challenge NJ law allowing state to pay for bussing to parochial schools – schools operated by a religious group opponents argue violates establishment clause upheld by SC- did not aid religion directly

10. + Review Questions What is incorporation and why is it so important? What is the difference between the establishment clause and the free exercise clause? What was the Supreme Court’s ruling in Everson v. Board of Education?