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The issue of religion in schools
Public prayer should not be allowed in the school
Allowing prayer in public schools
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Thirty-five states have laws or policies requiring the Pledge to be said in public schools. In 2003, a Virginia federal district court reached the same conclusion as the Seventh Circuit in rejecting a constitutional challenge to a Virginia law requiring the recitation of the Pledge in public schools. Even though the school district at issue in that case considered recitation of the Pledge in a citizenship reward program, the court was not persuaded that students were psychologically coerced into accepting religious views sponsored by the school or that they were being punished by having to listen to classmates recite the Pledge. (McCarthy 2005). The Ninth Circuit appealed national attention in 2002 when it prohibited the rationalization,
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
The Pledge of Allegiance was a staple in American schools when I was in grade school. Every morning we would recite the pledge and proclaim our allegiance to God and Country. It was a way to express patriotism and some of the values on which our nation was built. At what point did citing the Pledge of Allegiance; a proclamation that is suppose to represent freedom, begin to infringe on civil liberties? Has their always been bias language in the Pledge of Allegiance? This paper will discuss the first highly publicised discrepancy over the pledge, Supreme Court case Elk Grove Unified School District v. Newdow. I will also discuss the levels of the court through which the case evolved before it reached the Supreme Court. I will summarize the decision of the Supreme Court and explain the fundamental impact that the court decision in has had on American society in general and on ethics in American society. Finally, I will discuss my personal view of the pledge and its use in public schools.
In 1949, a state-wide law was passed in Pennsylvania that required public school students to read scriptures from the Bible and recite the Lord’s Prayer everyday in class. This law stayed intact until Edward Schempp challenged it nine years later. Pennsylvania wasn’t the first or the only state to enforce law making it mandatory for students to read from the Bible during school. Twenty-five additional states had laws allowing “optional” reading for the Bible. But in eleven of the twenty-five states, courts had decided those laws were unconstitutional.
The Supreme Court's previous last major school-prayer ruling was announced in 1992, and barred clergy-led prayers at public school graduation ceremonies. "The Constitution forbids the state to exact religious conformity from a student as the price of attending her own high school graduation," the court said then. Many viewed the ruling as a strong reaffirmation of the highest court's 1962 decision banning organized, officially sponsored prayers from public schools.
The case Elk Grove Unified School District versus Newdow came about when a student parent, Michael Newdow, an atheist, has a disagreement with the Pledge of Allegiance. Elk Grove Unified School District is a public elementary school where teachers begin the day by reciting the Pledge of Allegiance, but it is considering being voluntary. Under California law, all elementary schools must recite the Pledge of Allegiance once a day unless those student object due to their religion. As stated before, in 1954 the Congressional Act added the words “under God” to the Pledge of Allegiance. Michael Newdow took it upon himself to review the School District policy referring to the religious portion. This caused Michael Newdow to sue in the federal district court in California, stating making students listen to the Pledge of Allegiance, even if the students do not choose to participate to the word “under God” violates the establishment clause of the United States Constitution’s First Amendment
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
In almost every American school, students are required to say the Pledge of Allegiance. By doing this, they are forced to utter the two words that confess the authority that an ultimate being has over the nation they live in. Children are being taught every day that America is a country centered on God and a Christian nation. By making them say the pledge, the questio...
A resolution of the Democratic Party of Texas, a group that the Texas Supreme Court had deemed a "voluntary association," allowed only whites to participate in Democratic primary elections. S.S. Allwright was a county election official; he denied Lonnie E. Smith, a black man, the right to vote in the 1940 Texas Democratic primary.
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do justice” (Courtroom 302, 59). As a judge, Locallo seems to express three different personalities, which tend to change depending on the current case at hand. His personalities are being compassionate judge, being an understanding judge, or being a hard-nose tough judge. Each of these personalities are not only determined by the case, but also by whether Locallo will profit on the long run; whether or not he will get reelected as a circuit judge at the end of his term.
Dred Scott, an African American man who was born into slavery, wanted what all slaves would have wanted, their freedom. They were mistreated, neglected, and treated not as humans, but as property. In 1852, Dred Scott sued his current owner, Sanford, about him, no longer being a slave, but a free man (Oyez 1). In Article four of the Constitution, it states that any slave, who set foot in a free land, makes them a free man. This controversy led to the ruling of the state courts and in the end, came to the final word of the Supreme Court. Is he a slave or a free man?
The Pledge of Allegiance has become a major issue for students, teachers, parents and lawmakers. The original intention of the pledge was not to stir up trouble, but for a celebration of Christopher Columbus discovery of the new world. The pledge is no longer thought of as a celebration, but an infringement on children's religious beliefs. Do you believe that children's rights are being infringed on? Some people believe that the pledge is a great honor for our country. It has shown, and provided us with great pride just like our American flag. The Pledge of Allegiance being recited in the public school system does not infringe on the students religious beliefs, but is a way for us to honor our country and everything that we have done to get to this point in history.
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
To have prayer in the public school system is against the idea of separation of church and state. The state should not institute school prayer because the public schools are for education, not a place where religion should be taught (Gaylor, 1995, p. 1). The state should not force every child to say a prayer in the classroom because not everyone believes...