Employment division v. Smith, 494 U.S 872 Essay

Employment division v. Smith, 494 U.S 872 Essay

Length: 1621 words (4.6 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

Employment Division v. Smith, 494 U.S. 872 (1990)
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
The Supreme Court reversed the decision concluding that Smith et al. were using their religious beliefs and the First Amendment to condone their illegal drug use. In addition the Justices expressed the view that the law applied to the general public, not to just one religious group. Therefore, in a 6-3 decision, the Supr...

... middle of paper ...

...mmigration reform is still a much contested issue today. Unfortunately most of the negativity is due to money and resources. The issue in Plyler V Doe arose because Texas was trying to find a pay for the education of its illegal children without burdening its legal aliens and citizens. Plyler v Doe brings up bigger themes such as the fairness of our children and how society will treat its illegal children. The children of illegal immigrants should not be held accountable for the actions of their parents; therefore, they should not be punished for their parents’ decisions. Our children are our future and for the betterment of society we have the obligation to provide an education to everyone.

Employment Division v. Smith, 494 U.S. 872 (1990)
Plyer v. Doe, 452 U.S. 202 (1982) 102 S. Ct. 2382
Wisconsin v. Yoder, 406 U.S. 205 (1972)

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Division Of Labour By Adam Smith Essay

- The division of labour described by Adam Smith in The Wealth of Nations is a product of individual self-interest. This is representative of Smith’s methodological individualist interpretations of human nature. Adam Smith deduces that the division of labour is beneficial to the individual, as it is in one’s own interest to work less whilst still engaging in tasks that are to their own specialities. Highly specialized work is beneficial for nations to grow economically whilst allowing individuals to further pursue their own rational self-interest....   [tags: Economics, Adam Smith, Individualism, Labor]

Powerful Essays
1192 words (3.4 pages)

Employment Division V Smith : Illegal Drugs For Religious Purposes Essay

- Employment Division v Smith; he was a drug abuse counselor who used Peyote for religious reasons (with his Native American Church). He was later denied unemployment benefits. Smith was “required” to smoke this hallucinogenic drug for religious reasons. The legal issue that is being defined is the denial of freedom to exercise their religion and was denied unemployment benefits as a result. The question that is being asked is can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes....   [tags: United States Constitution, Law]

Powerful Essays
1559 words (4.5 pages)

The Division Of Labor Essays

- This essay argues about the advantages of the ‘division of labor’ in the Wealth of Nations work by the Scottish philosopher Adam Smith. It will be discussed how the implication of this term benefits the economical spectrum and develops the quality of produced goods and perfects workers abilities. For the purposes of the analysis it is important to stress that the meaning and the explanation of that term would play a key role. The second part of the essay argues that Smith saw ‘the division of labor’ as a positive source of growing productiveness of industrial capitalist markets, thorough the given example of a production of even the simplest thing like pin....   [tags: Karl Marx, Capitalism, Adam Smith, Sociology]

Powerful Essays
1088 words (3.1 pages)

Smith’s Division of Labour Essay

- Smith’s Division of Labour According to Smith, there are three reasons why the division of labour increases productivity. First, Smith attests that the division of labour increases dexterity within the workplace. By dexterity, Smith means that an individual performing one task repetitively can accomplish that task faster than an individual who attempts to accomplish all tasks by himself. Carpentry is a prime example of Smith’s division of labour. It may take an individual an entire day to complete one chair… to cut, route, and sand the boards....   [tags: Essays Papers]

Powerful Essays
855 words (2.4 pages)

The Division Of Labor As An Individual 's Personality Essay

- The division of labor is a process in which individuals take on specialized tasks. Over time, philosophers and economists have developed multiple views on this concept and its resulting consequences. Adam Smith claims that the division of labor leads to greater productivity due to an increase in skill and a decrease in required time. Karl Marx and Friedrich Engels argue that it destroys the individual, as well as their power and creativity. Émile Durkheim agrees with Smith while addressing the negatives of specialization....   [tags: Sociology, Karl Marx, Marxism, Adam Smith]

Powerful Essays
1250 words (3.6 pages)

Adam Smith And The Bible Of Capitalism Essay examples

- ... Where Smith met philosopher David Hume during the Scottish Enlightenment in 1750. Smith and Hume wrote many forums about politics, history, religion, and economics. 1754 Smith became a professor at Glasgow that is where he wrote Theory of Moral Sentiments. A year later Smith was elected as a member of Philosophical Society of Edinburgh. In the Literary Club where he spent thirteen years there. There is where Smith wrote and published Wealth of Nations, the book turned an instant success. Smith resigned from his professorship at Philosophical Society of Edinburgh....   [tags: Adam Smith, Economics, Capitalism, David Hume]

Powerful Essays
882 words (2.5 pages)

Essay on Adam Smith And Karl Marx

- Adam Smith and Karl Marx are undoubtedly two of the finest economic minds of the eighteenth and nineteenth centuries respectively. Karl Marx was a revolutionary political philosopher and believed that those with means would invariably use their power to exploit the working class beneath them, and viewed communism and revolutions as an eventuality brought about by this rift between rich and poor. Adam Smith posited that individuals should own the means of production and reinvest said capital for the betterment of society, a system that he believed would allow equal opportunity for gaining wealth....   [tags: Capitalism, Karl Marx, Free market, Adam Smith]

Powerful Essays
1114 words (3.2 pages)

Adam Smith : The Father Of Modern Economics Essay

- Adam Smith is notably known to be the father of modern economics, and many of his work have been implemented today. His major work was “An Inquiry into the Nature and Causes of the Wealth of Nations” where his economic views are seen. He was exceptionally known as a classical economist not only for his principles but for how he presented them. His anthropological principles for the distribution of labor and resources made him known as the “first economic historian” (Sociological Theory in the Classical Era, p....   [tags: Economics, Adam Smith, The Wealth of Nations]

Powerful Essays
983 words (2.8 pages)

Psychotherapy is the Practice of Psychology, by Lee Sechrest and Bradley Smith

- Lee Sechrest and Bradley Smith (2012), in their article “Psychotherapy is the Practice of Psychology,” present a compelling argument for the complete integration of the aspects of theory, research, and practice of psychotherapy into the discipline of psychology. The authors define integration as the “[unification] of a body of knowledge in systematic way that is coherent and heuristic” (Sechrest & Smith, 2012, p. 170). The article claims full integration of psychotherapy into psychology would create a discipline rooted in science, grounded by a large body of knowledge and theory, and abled to be more flexible and innovative (Sechrest & Smith, 2012)....   [tags: lee sechrest, bradley smith]

Powerful Essays
861 words (2.5 pages)

The Importance of Adam Smith's Work to Economic Thought Essay

- The Importance of Adam Smith's Work to Economic Thought Adam Smith is widely regarded as the father of economics as a social science, and is perhaps best known for his work The Wealth of Nations. Throughout this work Smith states and informs towards his belief that society is not at its most productive when ruled over by rules and limitations with regards to trade, and that in order for markets to maximise prosperity, a free trade environment should be made accessible. In this essay I intend to asses the way in which many of Smiths theories taken directly form his works can be applied to past and current situations, first from an economic then social, and then a political point of view....   [tags: Adam Smith Economy Economics]

Powerful Essays
1609 words (4.6 pages)