Total Pageviews

About Me

United States
I'm informing readers that video games and politics are what I follow. I follow up on new video games and hope that oppressed peoples will secede from the U.S. Yankee Empire. I'm a big fan of the Wii U Gamepad style controls as I own a Nintendo 64, PlayStation 2, Xbox 360, PlayStation 3, and Wii U with plans on owning a PlayStation 4 by receiving it for Christmas.

Blog Archive

Tuesday, May 29, 2012

Questions about the Free Exercise & Establishment Clauses

This is for Chapter 19, section 2 of my history assignment. I will state for each question if the scenerio is either constitutional or unconstitutional based on originalist grounds
Can student athletes lead teams in prayer before a game/contest?
Yes, because it does not interfere with the rights of others & is not imposing certain religious practice on others.

Can individuals pray if/when they choose during the school day?
Yes, since it is strictly voluntary so long as it is not in interference with class

Can students study the  Bible within a literary or historical context?
Yes,

Can students receive religious instruction in a public facility as part of a “release time” program?
yes

Can public funds be used to pay any part of the salaries of parochial school teachers?
Yes, so long as it does not directly promote any religion

Can the State(s) provide for direct cash payments (i.e. reimbursements) to parents for the tuition they paid to religious schools?
yes, so long as direct promotion of religion as absent

Can State(s) offer taxpayers deductions for the costs of tuition, textbooks, and transportation they paid to religious schools?
yes

Can students receive religious instruction in a private facility as part of a “release time” program?
yes

Can public officials be required to take an oath of office in the name of God prior to assuming elected office?
No, since it would violate free exercise

Can a State enact a law compelling parents to send their children to public schools?
No, it would violate the right to self-ownership by state ownership of child-rearing, violate parent's rights to rear their own children, condemn children to prisons, violate the equal protection of children as human beings, & subject children to be educated against their will as well as against the family's will.

Can public tax revenue be used to provide busing for students attending parochial schools?
Yes, if it is non coercive

Can the government compose official prayers for students to recite on a voluntarily basis as part of a religious school program?
Yes, since it's non-coercive

Can school officials require each school day begin with a moment of silence?
No,

Can prayer be included as part of a public school graduation program?
yes

Can the State(s) compel a person to obtain a license before soliciting money for a religious cause?
No, another issue here is the free market in which people have the right to start a business

Can Amish children be forced to attend public school beyond the primary grade level in violation of their religious beliefs?
No

Can school officials begin each school day with biblical readings and/or prayer recitations?
Yes

Can school officials mandate that the Ten Commandments be displayed in school classrooms?
Yes

Can the State tax a self-sufficient Amish community?
Yes, because the laws apply to everyone

Can religious groups (clubs/activities) meet in schools?
yes

Can educators choose whether or not to teach either scientific evolution or “creation science”/”intelligent design”?
yes

Can the State(s) provide textbooks to parochial schools?
yes

Can the State(s) provide laboratory equipment to parochial schools?
yes

Can the State(s) aid parochial schools in terms of offsetting the cost(s) of administering standardized tests?
yes

Is religious property and/or religious contributions  free from federal, State, and/or local taxes?
Yes, if it's for charitable purposes

Can chaplains serve in our Armed Forces?
yes

Can Congress begin each session with prayer led by a chaplain paid with public funds?
Congress can have prayer but cannot use public funds to conduct it

Can the State permit private companies to develop sacred Amerindian lands?
Property owners have the right to establish any type of lands they desire

Is an employee who was dismissed for violating a company’s drug policy entitled to unemployment benefits if/when they used said drugs during a religious rite/ceremony?
There's no right to receive unemployment benefits unless statutes say otherwise

Can the State(s) forbid ministers from holding elected offices?
No, since no religious test would be required & all can freely practice religion

Can the State(s) provide reimbursements (financial payments) to parochial schools to cover their costs for teachers’ salaries, textbooks, and other teaching materials (even if it’s for secular courses)?
yes

Can the State(s) require religious tests as a prerequisite for holding office?
Absolutely not! The constitution prohibits religious tests

Can the State(s) outlaw animal sacrifices as part of a religious rite, ceremony, or service?
Yes, because of the compelling state interest to protect animals from cruelty & degrading of humanity.

Can the State(s) provide grants to agencies that provide counseling that coincides with certain religious views (e.g. adolescent sex and pregnancy)?
yes

Can the State(s) pay for accommodations for special needs students attending parochial schools?
yes

Can the State(s) loan office equipment to parochial schools?
yes

Can a public holiday display include religious imagery, messages, and/or symbols?
yes

Is polygamy (i.e. bigamy) protected under the Free Exercise Clause?
Yes, free association must also be honored when considering religious questions as well but there's no right to receive state benefits

Can a parent refuse to vaccinate their child in defiance of school requirements as a violation of their Free Exercise rights?
Yes, what also must be considered is the right to decide decisions regarding your personal health. Only under rare circumstances can the state overrule the parents in deciding the healthcare of the child such as if the certain treatment is actually endangering the child's health or if the vaccination is safe & absolutely necessary to save the child's health.

Can poisonous snakes be used in religious rites?
Yes

Can the State(s) compel businesses to close on the Sabbath?
No, because it would be imposing a religious like restriction that has no compelling interest to protect the life & property of the people

Can the State(s) require religious groups to have a permit to hold a parade on the public streets?
Depends if it would disrupt traffic but since the public roads are to be shared, then any group having a parade will need to have a permit to do so.

Can the State compel religious organizations that enlist children to sell religious literature to obey child labor laws?
To a certain degree, children have the right to voluntarily make a living of their choice

Can the State compel a person to serve in the military in opposition to his/her religious beliefs?
No, because conscription implies that you serve the state, which is contrary to the founding father's principles that established America

Can the State forbid its public service personnel (e.g. military, police, fire, emergency service, etc.) from wearing religious garb?
no
Can the State(s) compel someone to salute the flag if/when doing so violated his/her religious beliefs
No, because forcing patriotism down the throats of people is sinful & tyrannical, implying that you must agree with everything about America.

My bottom line is that the law applies to everyone equally, people do not serve the state, every individual is individually free,

No comments:

Post a Comment