Free exercise clause
1. Why does this clause raise equal protection issues instead of substantive due process concerns?
Equal protection requires that no person may be denied equal protection or be discriminated by any governmental body through its laws. To this effect, all individuals must be treated in the same manner as in the same circumstances and conditions (Blair, 1997). On the other hand, substantive due process seeks to guard a right that might not be expressed elsewhere in the constitution (Fenster, 2014). With this background, it is obvious that the state statute bears more weight as a matter of equal protection and not as a substantive due process right. Motorcycle users, in this case, are required to wear protective helmets when on the state’s highways, despite the fact they are not the only users of the state’s highways. This, therefore, raises equal protection issues. This would have been a substantive due process issue if the state required motorcycle users to use the state highways in a particular isolative manner, e.g. rise on a specific side of the highway only.
2. The three levels of scrutiny used by courts
In this case, Jim Alderman will first need to prove that the state has discriminated...
Free Speech Although the concept of "freedom of speech" as outlined in the First Amendment to the Constitution appears relatively straightforward, over the course of the country's history numerous cases have arisen requiring this concept to be refined and interpreted for situations the framers of the Constitution could have scarcely imagined. However, the framer's motivations for protecting speech remain just as relevant today, and by examining precisely how and why the
Establishment clause, advantages limitations establishment clause create? 2. key differences civil liberties equal (civil) rights? Discuss provide examples. The establishment clause is certainly one of the most important legislations in U.S. history when considering that it protects U.S. citizens from being bombarded with information that they are not actually interested in. Thomas Jefferson was one of this clause's most passionate supporters, as he believed that it would be wrong for the
free range parenting." Child Protective Services in Maryland, acting on a report from law enforcement, investigated a couple for neglect, based on the fact that they allowed their children to walk home from a park without parental supervision. For the Maryland couple, the charge was "unsubstantiated child neglect." This is not a criminal charge, but it is typically a precursor to a criminal charge (Nye, 2015). The couple was
Free exercise can be explained as follows: "If a rigidly observed policy of neutrality would discriminate against campus organizations with religious purposes or impinge on an individual's right to freedom of speech or free exercise of religion," then a state organization such as a public school would be obliged to permit religion on campus (p. 43). However, the free speech clause of the First Amendment has been cited for
Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled
Religious Freedom-First Amendment Church of the Lukumi Babalu Aye v. City of Hialeah Religious Freedom is one of the key principles on which the foundation of our country was laid. United States has always supported and endorsed free exercise of religion and this right has been considered so important that it became part of the First Amendment, which clearly states that: Congress shall make no law respecting an establishment of religion, or prohibiting
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