The Court says that the 1A "studiously defines the manner, the specific ways, in which" Church and State shall be kept separate. Where is that studious and specific list? Does the 1A even mention the idea of separation of church and state?
Now consider four different "time release" programs plus one more example of accommodation.
1. The one in Zorach, in which students (whose parents request) are released from one class per week to attend a religious program of their choice.
2. A Jewish student is granted an excused absence to observe Yom Kippur or a similar holy day.
3. A Catholic student's parents request that he or she be excused from a "mandatory assembly" on "safe sex" and STDs.
4. During Ramadan, a holy month of fasting and prayer for Muslims, NYC public schools release Muslim students from classes for 10 minutes per day and allow them to go to an empty classroom for communal prayer.
5. Recently, NYC public schools installed "foot baths" in rest rooms to accommodate Muslim students who need to wash their feet before prayer during Ramadan. Does this violate the EC?
Do any of these excusals violate the EC? Should they be struck down? Are any of them required by the Free Exercise Clause?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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