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The incorporation of the First Amendment establishment clause in the landmark case of Everson v. Board of Education has impacted the subsequent interpretation of the separation of church and state in regard to the state governments. Although upholding the state law in that case, which provided for public busing to private religious schools, the Supreme Court held that the First Amendment establishment clause was fully applicable to the state governments. A more recent case involving the application of this principle against the states was Board of Education of Kiryas Joel Village School District v. Grumet (1994).
What was a recent case involving the application of the principle of the establishment clause against states?
5731bedce99e3014001e6241
545
Board of Education of Kiryas Joel Village School District v. Grumet
89
The incorporation of the First Amendment establishment clause in the landmark case of Everson v. Board of Education has impacted the subsequent interpretation of the separation of church and state in regard to the state governments. Although upholding the state law in that case, which provided for public busing to private religious schools, the Supreme Court held that the First Amendment establishment clause was fully applicable to the state governments. A more recent case involving the application of this principle against the states was Board of Education of Kiryas Joel Village School District v. Grumet (1994).
When was the case of v. Grumet?
5731bedce99e3014001e6242
614
1994
90
Jefferson's concept of "separation of church and state" first became a part of Establishment Clause jurisprudence in Reynolds v. U.S., 98 U.S. 145 (1878). In that case, the court examined the history of religious liberty in the US, determining that while the constitution guarantees religious freedom, "The word 'religion' is not defined in the Constitution. We must go elsewhere, therefore, to ascertain its meaning, and nowhere more appropriately, we think, than to the history of the times in the midst of which the provision was adopted." The court found that the leaders in advocating and formulating the constitutional guarantee of religious liberty were James Madison and Thomas Jefferson. Quoting the "separation" paragraph from Jefferson's letter to the Danbury Baptists, the court concluded that, "coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured."
What did Jefferson's concept of 'separation of church and state" became part of what jurisprudence?
5731c1e2e99e3014001e6252
79
Establishment Clause
91
Jefferson's concept of "separation of church and state" first became a part of Establishment Clause jurisprudence in Reynolds v. U.S., 98 U.S. 145 (1878). In that case, the court examined the history of religious liberty in the US, determining that while the constitution guarantees religious freedom, "The word 'religion' is not defined in the Constitution. We must go elsewhere, therefore, to ascertain its meaning, and nowhere more appropriately, we think, than to the history of the times in the midst of which the provision was adopted." The court found that the leaders in advocating and formulating the constitutional guarantee of religious liberty were James Madison and Thomas Jefferson. Quoting the "separation" paragraph from Jefferson's letter to the Danbury Baptists, the court concluded that, "coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured."
What case was Jefferson's concept apropos to?
5731c1e2e99e3014001e6253
117
Reynolds v. U.S., 98 U.S. 145
92
Jefferson's concept of "separation of church and state" first became a part of Establishment Clause jurisprudence in Reynolds v. U.S., 98 U.S. 145 (1878). In that case, the court examined the history of religious liberty in the US, determining that while the constitution guarantees religious freedom, "The word 'religion' is not defined in the Constitution. We must go elsewhere, therefore, to ascertain its meaning, and nowhere more appropriately, we think, than to the history of the times in the midst of which the provision was adopted." The court found that the leaders in advocating and formulating the constitutional guarantee of religious liberty were James Madison and Thomas Jefferson. Quoting the "separation" paragraph from Jefferson's letter to the Danbury Baptists, the court concluded that, "coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured."
What does the constitution guarantee when it comes to religion?
5731c1e2e99e3014001e6254
293
freedom
93
Jefferson's concept of "separation of church and state" first became a part of Establishment Clause jurisprudence in Reynolds v. U.S., 98 U.S. 145 (1878). In that case, the court examined the history of religious liberty in the US, determining that while the constitution guarantees religious freedom, "The word 'religion' is not defined in the Constitution. We must go elsewhere, therefore, to ascertain its meaning, and nowhere more appropriately, we think, than to the history of the times in the midst of which the provision was adopted." The court found that the leaders in advocating and formulating the constitutional guarantee of religious liberty were James Madison and Thomas Jefferson. Quoting the "separation" paragraph from Jefferson's letter to the Danbury Baptists, the court concluded that, "coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured."
What word is not defined in the Constitution?
5731c1e2e99e3014001e6255
313
religion
94
Jefferson's concept of "separation of church and state" first became a part of Establishment Clause jurisprudence in Reynolds v. U.S., 98 U.S. 145 (1878). In that case, the court examined the history of religious liberty in the US, determining that while the constitution guarantees religious freedom, "The word 'religion' is not defined in the Constitution. We must go elsewhere, therefore, to ascertain its meaning, and nowhere more appropriately, we think, than to the history of the times in the midst of which the provision was adopted." The court found that the leaders in advocating and formulating the constitutional guarantee of religious liberty were James Madison and Thomas Jefferson. Quoting the "separation" paragraph from Jefferson's letter to the Danbury Baptists, the court concluded that, "coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured."
Who had Jefferson's letter been sent to?
5731c1e2e99e3014001e6256
759
the Danbury Baptists
95
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
When was the centrality of the "separation" concept to the Religion Clauses of the Constitution made explicit?
5731c3a2b9d445190005e51f
151
1947
96
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
What case was the concept relevant?
5731c3a2b9d445190005e520
108
Everson v. Board of Education, 330 U.S. 1
97
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
What was the topic of the Everson v. Board of Education?
5731c3a2b9d445190005e521
208
government funds to pay for transportation of students to both public and Catholic schools
98
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
What was the case of Everson v. Board of Education the first instance of?
5731c3a2b9d445190005e522
337
court applied the Establishment Clause to the laws of a state
99
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
How must the wall separating church and state be kept?
5731c3a2b9d445190005e523
683
high and impregnable
100
While the decision (with four dissents) ultimately upheld the state law allowing the funding of transportation of students to religious schools, the majority opinion (by Justice Hugo Black) and the dissenting opinions (by Justice Wiley Blount Rutledge and Justice Robert H. Jackson) each explicitly stated that the Constitution has erected a "wall between church and state" or a "separation of Church from State": their disagreement was limited to whether this case of state funding of transportation to religious schools breached that wall. Rutledge, on behalf of the four dissenting justices, took the position that the majority had indeed permitted a violation of the wall of separation in this case: "Neither so high nor so impregnable today as yesterday is the wall raised between church and state by Virginia's great statute of religious freedom and the First Amendment, now made applicable to all the states by the Fourteenth." Writing separately, Justice Jackson argued that "[T]here are no good grounds upon which to support the present legislation. In fact, the undertones of the opinion, advocating complete and uncompromising separation of Church from State, seem utterly discordant with its conclusion yielding support to their commingling in educational matters."
What did the decision ultimately uphold?
5731ca39e99e3014001e6278
62
state law
101
While the decision (with four dissents) ultimately upheld the state law allowing the funding of transportation of students to religious schools, the majority opinion (by Justice Hugo Black) and the dissenting opinions (by Justice Wiley Blount Rutledge and Justice Robert H. Jackson) each explicitly stated that the Constitution has erected a "wall between church and state" or a "separation of Church from State": their disagreement was limited to whether this case of state funding of transportation to religious schools breached that wall. Rutledge, on behalf of the four dissenting justices, took the position that the majority had indeed permitted a violation of the wall of separation in this case: "Neither so high nor so impregnable today as yesterday is the wall raised between church and state by Virginia's great statute of religious freedom and the First Amendment, now made applicable to all the states by the Fourteenth." Writing separately, Justice Jackson argued that "[T]here are no good grounds upon which to support the present legislation. In fact, the undertones of the opinion, advocating complete and uncompromising separation of Church from State, seem utterly discordant with its conclusion yielding support to their commingling in educational matters."
What was the state allowed to continue to fund?
5731ca39e99e3014001e6279
96
transportation of students to religious schools
102
While the decision (with four dissents) ultimately upheld the state law allowing the funding of transportation of students to religious schools, the majority opinion (by Justice Hugo Black) and the dissenting opinions (by Justice Wiley Blount Rutledge and Justice Robert H. Jackson) each explicitly stated that the Constitution has erected a "wall between church and state" or a "separation of Church from State": their disagreement was limited to whether this case of state funding of transportation to religious schools breached that wall. Rutledge, on behalf of the four dissenting justices, took the position that the majority had indeed permitted a violation of the wall of separation in this case: "Neither so high nor so impregnable today as yesterday is the wall raised between church and state by Virginia's great statute of religious freedom and the First Amendment, now made applicable to all the states by the Fourteenth." Writing separately, Justice Jackson argued that "[T]here are no good grounds upon which to support the present legislation. In fact, the undertones of the opinion, advocating complete and uncompromising separation of Church from State, seem utterly discordant with its conclusion yielding support to their commingling in educational matters."
What did both the majority and dissenting opinions reiterate?
5731ca39e99e3014001e627a
306
that the Constitution has erected a "wall between church and state"
103
While the decision (with four dissents) ultimately upheld the state law allowing the funding of transportation of students to religious schools, the majority opinion (by Justice Hugo Black) and the dissenting opinions (by Justice Wiley Blount Rutledge and Justice Robert H. Jackson) each explicitly stated that the Constitution has erected a "wall between church and state" or a "separation of Church from State": their disagreement was limited to whether this case of state funding of transportation to religious schools breached that wall. Rutledge, on behalf of the four dissenting justices, took the position that the majority had indeed permitted a violation of the wall of separation in this case: "Neither so high nor so impregnable today as yesterday is the wall raised between church and state by Virginia's great statute of religious freedom and the First Amendment, now made applicable to all the states by the Fourteenth." Writing separately, Justice Jackson argued that "[T]here are no good grounds upon which to support the present legislation. In fact, the undertones of the opinion, advocating complete and uncompromising separation of Church from State, seem utterly discordant with its conclusion yielding support to their commingling in educational matters."
What was the disagreement between the Justices over whether funding breached what?
5731ca39e99e3014001e627b
531
that wall
104
While the decision (with four dissents) ultimately upheld the state law allowing the funding of transportation of students to religious schools, the majority opinion (by Justice Hugo Black) and the dissenting opinions (by Justice Wiley Blount Rutledge and Justice Robert H. Jackson) each explicitly stated that the Constitution has erected a "wall between church and state" or a "separation of Church from State": their disagreement was limited to whether this case of state funding of transportation to religious schools breached that wall. Rutledge, on behalf of the four dissenting justices, took the position that the majority had indeed permitted a violation of the wall of separation in this case: "Neither so high nor so impregnable today as yesterday is the wall raised between church and state by Virginia's great statute of religious freedom and the First Amendment, now made applicable to all the states by the Fourteenth." Writing separately, Justice Jackson argued that "[T]here are no good grounds upon which to support the present legislation. In fact, the undertones of the opinion, advocating complete and uncompromising separation of Church from State, seem utterly discordant with its conclusion yielding support to their commingling in educational matters."
What did Justice Jackson argue there were no grounds upon which to support what?
5731ca39e99e3014001e627c
1,034
the present legislation
105
In 1962, the Supreme Court addressed the issue of officially-sponsored prayer or religious recitations in public schools. In Engel v. Vitale, 370 U.S. 421 (1962), the Court, by a vote of 6-1, determined it unconstitutional for state officials to compose an official school prayer and require its recitation in public schools, even when the prayer is non-denominational and students may excuse themselves from participation. (The prayer required by the New York State Board of Regents prior to the Court's decision consisted of: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country. Amen.") As the Court stated:
When did the Supreme Court address the issue of officially sponsored prayer in public schools?
5731cae1b9d445190005e563
3
1962
106
In 1962, the Supreme Court addressed the issue of officially-sponsored prayer or religious recitations in public schools. In Engel v. Vitale, 370 U.S. 421 (1962), the Court, by a vote of 6-1, determined it unconstitutional for state officials to compose an official school prayer and require its recitation in public schools, even when the prayer is non-denominational and students may excuse themselves from participation. (The prayer required by the New York State Board of Regents prior to the Court's decision consisted of: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country. Amen.") As the Court stated:
What was the case in 1962 where the Supreme Court addressed the issue of officially sponsored school prayer?
5731cae1b9d445190005e564
125
Engel v. Vitale, 370 U.S. 421
107
In 1962, the Supreme Court addressed the issue of officially-sponsored prayer or religious recitations in public schools. In Engel v. Vitale, 370 U.S. 421 (1962), the Court, by a vote of 6-1, determined it unconstitutional for state officials to compose an official school prayer and require its recitation in public schools, even when the prayer is non-denominational and students may excuse themselves from participation. (The prayer required by the New York State Board of Regents prior to the Court's decision consisted of: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country. Amen.") As the Court stated:
By what vote did the Supreme Court determine it unconstitutional for state official to compose an official school prayer?
5731cae1b9d445190005e565
187
06-Jan
108
In 1962, the Supreme Court addressed the issue of officially-sponsored prayer or religious recitations in public schools. In Engel v. Vitale, 370 U.S. 421 (1962), the Court, by a vote of 6-1, determined it unconstitutional for state officials to compose an official school prayer and require its recitation in public schools, even when the prayer is non-denominational and students may excuse themselves from participation. (The prayer required by the New York State Board of Regents prior to the Court's decision consisted of: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country. Amen.") As the Court stated:
Even if a prayer is non-denominational it's still considered what?
5731cae1b9d445190005e566
206
unconstitutional
109
The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
What was one of the reasons early colonists left England to seek religious freedom in America?
5731cb92e99e3014001e628c
88
governmentally composed prayers for religious services
110
The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
Who was the lone dissenter in the Supreme Court's ruling?
5731cb92e99e3014001e628d
284
Justice Potter Stewart
111
The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
What did Stewart object to?
5731cb92e99e3014001e628e
320
the court's embrace of the "wall of separation" metaphor
112
The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
Stewart felt the court was not responsibly aided by the uncritical invocation of what?
5731cb92e99e3014001e628f
523
metaphors
113
The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
Stewart pointed out that the phrase "Wall of separation" was nowhere to be found in what?
5731cb92e99e3014001e6290
596
the Constitution
114
In Epperson v. Arkansas, 393 U.S. 97 (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory in any school or university that received public funds. The court's opinion, written by Justice Abe Fortas, ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof. The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group." The court held that the Establishment Clause prohibits the state from advancing any religion, and that "[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them."
When did the case of Epperson v. Arkansas take place?
5731cc95e99e3014001e62aa
38
1968
115
In Epperson v. Arkansas, 393 U.S. 97 (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory in any school or university that received public funds. The court's opinion, written by Justice Abe Fortas, ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof. The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group." The court held that the Establishment Clause prohibits the state from advancing any religion, and that "[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them."
What did an Arkansas law make it a crime to teach the theory of?
5731cc95e99e3014001e62ab
144
that mankind ascended or descended from a lower order of animals
116
In Epperson v. Arkansas, 393 U.S. 97 (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory in any school or university that received public funds. The court's opinion, written by Justice Abe Fortas, ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof. The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group." The court held that the Establishment Clause prohibits the state from advancing any religion, and that "[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them."
Who wrote the court's opinion in Epperson v. Arkansas?
5731cc95e99e3014001e62ac
380
Justice Abe Fortas
117
In Epperson v. Arkansas, 393 U.S. 97 (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory in any school or university that received public funds. The court's opinion, written by Justice Abe Fortas, ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof. The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group." The court held that the Establishment Clause prohibits the state from advancing any religion, and that "[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them."
What did the Arkansas law violate the constitutional prohibition of state laws in respect to?
5731cc95e99e3014001e62ad
494
an establishment of religion or prohibiting the free exercise thereof
118
In Epperson v. Arkansas, 393 U.S. 97 (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory in any school or university that received public funds. The court's opinion, written by Justice Abe Fortas, ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof. The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group." The court held that the Establishment Clause prohibits the state from advancing any religion, and that "[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them."
What does the State have no legitimate interest in protecting any or all religions from?
5731cc95e99e3014001e62ae
1,053
views distasteful to them
119
In Lemon v. Kurtzman, 403 U.S. 602 (1971), the court determined that a Pennsylvania state policy of reimbursing the salaries and related costs of teachers of secular subjects in private religious schools violated the Establishment Clause. The court's decision argued that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable," the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a "wall," is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship."
When was the case of Lemon v. Kurtzman?
5731cd38e17f3d1400422419
36
1971
120
In Lemon v. Kurtzman, 403 U.S. 602 (1971), the court determined that a Pennsylvania state policy of reimbursing the salaries and related costs of teachers of secular subjects in private religious schools violated the Establishment Clause. The court's decision argued that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable," the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a "wall," is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship."
What state's policy was in question in Lemon v. Kurtzman?
5731cd38e17f3d140042241a
71
Pennsylvania
121
In Lemon v. Kurtzman, 403 U.S. 602 (1971), the court determined that a Pennsylvania state policy of reimbursing the salaries and related costs of teachers of secular subjects in private religious schools violated the Establishment Clause. The court's decision argued that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable," the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a "wall," is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship."
Whose salaries were being reimbursed in private religious schools?
5731cd38e17f3d140042241b
146
teachers of secular subjects
122
In Lemon v. Kurtzman, 403 U.S. 602 (1971), the court determined that a Pennsylvania state policy of reimbursing the salaries and related costs of teachers of secular subjects in private religious schools violated the Establishment Clause. The court's decision argued that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable," the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a "wall," is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship."
What did the state's policy violate?
5731cd38e17f3d140042241c
213
the Establishment Clause
123
In Lemon v. Kurtzman, 403 U.S. 602 (1971), the court determined that a Pennsylvania state policy of reimbursing the salaries and related costs of teachers of secular subjects in private religious schools violated the Establishment Clause. The court's decision argued that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable," the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a "wall," is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship."
What did the court's decision argue that the separation of church and state could never be?
5731cd38e17f3d140042241d
322
absolute
124
Subsequent to this decision, the Supreme Court has applied a three-pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose. Second, the principle or primary effect must be one that neither advances nor inhibits religion. Third, the statute or policy must not result in an "excessive entanglement" of government with religion. (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion.) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause.
How many prongs is the Supreme COurt's test to determine if a government action comports with the Establishment Clause?
5731ce3ee99e3014001e62be
61
three
125
Subsequent to this decision, the Supreme Court has applied a three-pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose. Second, the principle or primary effect must be one that neither advances nor inhibits religion. Third, the statute or policy must not result in an "excessive entanglement" of government with religion. (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion.) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause.
What is the three-pronged test regarding the Establishment Clause know as?
5731ce3ee99e3014001e62bf
172
"Lemon Test"
126
Subsequent to this decision, the Supreme Court has applied a three-pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose. Second, the principle or primary effect must be one that neither advances nor inhibits religion. Third, the statute or policy must not result in an "excessive entanglement" of government with religion. (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion.) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause.
To not violate the Establishment Clause, a law must be adopted with neutral or what purpose?
5731ce3ee99e3014001e62c0
252
non-religious
127
Subsequent to this decision, the Supreme Court has applied a three-pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose. Second, the principle or primary effect must be one that neither advances nor inhibits religion. Third, the statute or policy must not result in an "excessive entanglement" of government with religion. (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion.) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause.
What much the primary effect of a law neither advance or inhibit?
5731ce3ee99e3014001e62c1
362
religion
128
Subsequent to this decision, the Supreme Court has applied a three-pronged test to determine whether government action comports with the Establishment Clause, known as the "Lemon Test". First, the law or policy must have been adopted with a neutral or non-religious purpose. Second, the principle or primary effect must be one that neither advances nor inhibits religion. Third, the statute or policy must not result in an "excessive entanglement" of government with religion. (The decision in Lemon v. Kurtzman hinged upon the conclusion that the government benefits were flowing disproportionately to Catholic schools, and that Catholic schools were an integral component of the Catholic Church's religious mission, thus the policy involved the state in an "excessive entanglement" with religion.) Failure to meet any of these criteria is a proof that the statute or policy in question violates the Establishment Clause.
Excessive entanglement occurs when a state policy results in a close relationship of what?
5731ce3ee99e3014001e62c2
451
government with religion
129
In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling. The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue. Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.
How many judges were on the panel which held the Pledge of Allegiance in California public schools was unconstitutional?
5731d073b9d445190005e589
11
three
130
In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling. The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue. Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.
When did the three judge panel make their ruling?
5731d073b9d445190005e58a
3
2002
131
In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling. The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue. Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.
What did both houses of Congress pass measures reaffirming their support for?
5731d073b9d445190005e58b
101
the Pledge of Allegiance
132
In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling. The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue. Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.
Why was the case of Elk Grove Unified School District v. Newdow overturned?
5731d073b9d445190005e58c
574
procedural grounds
133
In 2002, a three judge panel on the Ninth Circuit Court of Appeals held that classroom recitation of the Pledge of Allegiance in a California public school was unconstitutional, even when students were not compelled to recite it, due to the inclusion of the phrase "under God." In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel's ruling. The case was appealed to the Supreme Court, where the case was ultimately overturned in June 2004, solely on procedural grounds not related to the substantive constitutional issue. Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.
What did the five-justice majority hold that Newdow lacked?
5731d073b9d445190005e58d
759
standing to sue
134
On December 20, 2005, the United States Court of Appeals for the Sixth Circuit ruled in the case of ACLU v. Mercer County that the continued display of the Ten Commandments as part of a larger display on American legal traditions in a Kentucky courthouse was allowed, because the purpose of the display (educating the public on American legal traditions) was secular in nature. In ruling on the Mount Soledad cross controversy on May 3, 2006, however, a federal judge ruled that the cross on public property on Mount Soledad must be removed.
When did the US Court of Appeals rule in the case of ACLU v. Mercer County?
5731d14ee99e3014001e62ec
3
December 20, 2005
135
On December 20, 2005, the United States Court of Appeals for the Sixth Circuit ruled in the case of ACLU v. Mercer County that the continued display of the Ten Commandments as part of a larger display on American legal traditions in a Kentucky courthouse was allowed, because the purpose of the display (educating the public on American legal traditions) was secular in nature. In ruling on the Mount Soledad cross controversy on May 3, 2006, however, a federal judge ruled that the cross on public property on Mount Soledad must be removed.
What was displayed in Kentucky courthouses?
5731d14ee99e3014001e62ed
152
the Ten Commandments
136
On December 20, 2005, the United States Court of Appeals for the Sixth Circuit ruled in the case of ACLU v. Mercer County that the continued display of the Ten Commandments as part of a larger display on American legal traditions in a Kentucky courthouse was allowed, because the purpose of the display (educating the public on American legal traditions) was secular in nature. In ruling on the Mount Soledad cross controversy on May 3, 2006, however, a federal judge ruled that the cross on public property on Mount Soledad must be removed.
Why were the displays of the ten Commandments allowed?
5731d14ee99e3014001e62ee
359
secular in nature
137
On December 20, 2005, the United States Court of Appeals for the Sixth Circuit ruled in the case of ACLU v. Mercer County that the continued display of the Ten Commandments as part of a larger display on American legal traditions in a Kentucky courthouse was allowed, because the purpose of the display (educating the public on American legal traditions) was secular in nature. In ruling on the Mount Soledad cross controversy on May 3, 2006, however, a federal judge ruled that the cross on public property on Mount Soledad must be removed.
When was a ruling handed down on the Mount Soledad cross controversy?
5731d14ee99e3014001e62ef
430
May 3, 2006
138
On December 20, 2005, the United States Court of Appeals for the Sixth Circuit ruled in the case of ACLU v. Mercer County that the continued display of the Ten Commandments as part of a larger display on American legal traditions in a Kentucky courthouse was allowed, because the purpose of the display (educating the public on American legal traditions) was secular in nature. In ruling on the Mount Soledad cross controversy on May 3, 2006, however, a federal judge ruled that the cross on public property on Mount Soledad must be removed.
What did a federal judge rule must be removed from public property?
5731d14ee99e3014001e62f0
479
the cross
139
In what will be the case is Town of Greece v. Galloway, 12-696, the Supreme Court agreed to hear a case regarding whether prayers at town meetings, which are allowed, must allow various faiths to lead prayer, or whether the prayers can be predominately Christian. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece by holding that the U.S. Constitution not only allows for prayer at government meetings, but also for sectarian prayers like predominately Christian prayers.
What case is in regards to whether prayers at town meetings must allow various faiths?
5731d483b9d445190005e59d
28
Town of Greece v. Galloway
140
In what will be the case is Town of Greece v. Galloway, 12-696, the Supreme Court agreed to hear a case regarding whether prayers at town meetings, which are allowed, must allow various faiths to lead prayer, or whether the prayers can be predominately Christian. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece by holding that the U.S. Constitution not only allows for prayer at government meetings, but also for sectarian prayers like predominately Christian prayers.
When did the Supreme Court rule on Town of Greece v. Galloway?
5731d483b9d445190005e59e
267
May 5, 2014
141
In what will be the case is Town of Greece v. Galloway, 12-696, the Supreme Court agreed to hear a case regarding whether prayers at town meetings, which are allowed, must allow various faiths to lead prayer, or whether the prayers can be predominately Christian. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece by holding that the U.S. Constitution not only allows for prayer at government meetings, but also for sectarian prayers like predominately Christian prayers.
What was the Supreme Court's final vote in Town of Greece v. Galloway?
5731d483b9d445190005e59f
309
05-Apr
142
In what will be the case is Town of Greece v. Galloway, 12-696, the Supreme Court agreed to hear a case regarding whether prayers at town meetings, which are allowed, must allow various faiths to lead prayer, or whether the prayers can be predominately Christian. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece by holding that the U.S. Constitution not only allows for prayer at government meetings, but also for sectarian prayers like predominately Christian prayers.
Who did the Supreme Court rule in favor of?
5731d483b9d445190005e5a0
329
Town of Greece
143
In what will be the case is Town of Greece v. Galloway, 12-696, the Supreme Court agreed to hear a case regarding whether prayers at town meetings, which are allowed, must allow various faiths to lead prayer, or whether the prayers can be predominately Christian. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece by holding that the U.S. Constitution not only allows for prayer at government meetings, but also for sectarian prayers like predominately Christian prayers.
What did the Supreme Court rule the Constitution allowed for?
5731d483b9d445190005e5a1
446
sectarian prayers
144
Some scholars and organizations disagree with the notion of "separation of church and state", or the way the Supreme Court has interpreted the constitutional limitation on religious establishment. Such critics generally argue that the phrase misrepresents the textual requirements of the Constitution, while noting that many aspects of church and state were intermingled at the time the Constitution was ratified. These critics argue that the prevalent degree of separation of church and state could not have been intended by the constitutional framers. Some of the intermingling between church and state include religious references in official contexts, and such other founding documents as the United States Declaration of Independence, which references the idea of a "Creator" and "Nature's God", though these references did not ultimately appear in the Constitution nor do they mention any particular religious view of a "Creator" or "Nature's God."
What do some organizations disagree with the notion of?
5731d5eee17f3d140042247b
61
separation of church and state
145
Some scholars and organizations disagree with the notion of "separation of church and state", or the way the Supreme Court has interpreted the constitutional limitation on religious establishment. Such critics generally argue that the phrase misrepresents the textual requirements of the Constitution, while noting that many aspects of church and state were intermingled at the time the Constitution was ratified. These critics argue that the prevalent degree of separation of church and state could not have been intended by the constitutional framers. Some of the intermingling between church and state include religious references in official contexts, and such other founding documents as the United States Declaration of Independence, which references the idea of a "Creator" and "Nature's God", though these references did not ultimately appear in the Constitution nor do they mention any particular religious view of a "Creator" or "Nature's God."
What do scholars also disagree with about the way the Supreme Court has interpreted what?
5731d5eee17f3d140042247c
143
constitutional limitation on religious establishment
146
Some scholars and organizations disagree with the notion of "separation of church and state", or the way the Supreme Court has interpreted the constitutional limitation on religious establishment. Such critics generally argue that the phrase misrepresents the textual requirements of the Constitution, while noting that many aspects of church and state were intermingled at the time the Constitution was ratified. These critics argue that the prevalent degree of separation of church and state could not have been intended by the constitutional framers. Some of the intermingling between church and state include religious references in official contexts, and such other founding documents as the United States Declaration of Independence, which references the idea of a "Creator" and "Nature's God", though these references did not ultimately appear in the Constitution nor do they mention any particular religious view of a "Creator" or "Nature's God."
What do the critics argue the phrase misrepresents?
5731d5eee17f3d140042247d
256
the textual requirements of the Constitution
147
Some scholars and organizations disagree with the notion of "separation of church and state", or the way the Supreme Court has interpreted the constitutional limitation on religious establishment. Such critics generally argue that the phrase misrepresents the textual requirements of the Constitution, while noting that many aspects of church and state were intermingled at the time the Constitution was ratified. These critics argue that the prevalent degree of separation of church and state could not have been intended by the constitutional framers. Some of the intermingling between church and state include religious references in official contexts, and such other founding documents as the United States Declaration of Independence, which references the idea of a "Creator" and "Nature's God", though these references did not ultimately appear in the Constitution nor do they mention any particular religious view of a "Creator" or "Nature's God."
What do critics note were intermingled at the time the Constitution was ratified?
5731d5eee17f3d140042247e
320
many aspects of church and state
148
Some scholars and organizations disagree with the notion of "separation of church and state", or the way the Supreme Court has interpreted the constitutional limitation on religious establishment. Such critics generally argue that the phrase misrepresents the textual requirements of the Constitution, while noting that many aspects of church and state were intermingled at the time the Constitution was ratified. These critics argue that the prevalent degree of separation of church and state could not have been intended by the constitutional framers. Some of the intermingling between church and state include religious references in official contexts, and such other founding documents as the United States Declaration of Independence, which references the idea of a "Creator" and "Nature's God", though these references did not ultimately appear in the Constitution nor do they mention any particular religious view of a "Creator" or "Nature's God."
What do these critics argue couldn't have been intended by the framers of the constitution?
5731d5eee17f3d140042247f
443
prevalent degree of separation of church and state
149
These critics of the modern separation of church and state also note the official establishment of religion in several of the states at the time of ratification, to suggest that the modern incorporation of the Establishment Clause as to state governments goes against the original constitutional intent.[citation needed] The issue is complex, however, as the incorporation ultimately bases on the passage of the 14th Amendment in 1868, at which point the first amendment's application to the state government was recognized. Many of these constitutional debates relate to the competing interpretive theories of originalism versus modern, progressivist theories such as the doctrine of the Living Constitution. Other debates center on the principle of the law of the land in America being defined not just by the Constitution's Supremacy Clause, but also by legal precedence, making an accurate reading of the Constitution subject to the mores and values of a given era, and rendering the concept of historical revisionism irrelevant when discussing the Constitution.
Critics of modern separation of church and state note there was official establishment of what in several states at the time of ratification?
5731d701e17f3d140042248b
99
religion
150
These critics of the modern separation of church and state also note the official establishment of religion in several of the states at the time of ratification, to suggest that the modern incorporation of the Establishment Clause as to state governments goes against the original constitutional intent.[citation needed] The issue is complex, however, as the incorporation ultimately bases on the passage of the 14th Amendment in 1868, at which point the first amendment's application to the state government was recognized. Many of these constitutional debates relate to the competing interpretive theories of originalism versus modern, progressivist theories such as the doctrine of the Living Constitution. Other debates center on the principle of the law of the land in America being defined not just by the Constitution's Supremacy Clause, but also by legal precedence, making an accurate reading of the Constitution subject to the mores and values of a given era, and rendering the concept of historical revisionism irrelevant when discussing the Constitution.
When was the passage of the 14th Amendment?
5731d701e17f3d140042248c
430
1868
151
These critics of the modern separation of church and state also note the official establishment of religion in several of the states at the time of ratification, to suggest that the modern incorporation of the Establishment Clause as to state governments goes against the original constitutional intent.[citation needed] The issue is complex, however, as the incorporation ultimately bases on the passage of the 14th Amendment in 1868, at which point the first amendment's application to the state government was recognized. Many of these constitutional debates relate to the competing interpretive theories of originalism versus modern, progressivist theories such as the doctrine of the Living Constitution. Other debates center on the principle of the law of the land in America being defined not just by the Constitution's Supremacy Clause, but also by legal precedence, making an accurate reading of the Constitution subject to the mores and values of a given era, and rendering the concept of historical revisionism irrelevant when discussing the Constitution.
What was recognized by the time the 14th Amendment passed?
5731d701e17f3d140042248d
455
first amendment's application to the state government
152
These critics of the modern separation of church and state also note the official establishment of religion in several of the states at the time of ratification, to suggest that the modern incorporation of the Establishment Clause as to state governments goes against the original constitutional intent.[citation needed] The issue is complex, however, as the incorporation ultimately bases on the passage of the 14th Amendment in 1868, at which point the first amendment's application to the state government was recognized. Many of these constitutional debates relate to the competing interpretive theories of originalism versus modern, progressivist theories such as the doctrine of the Living Constitution. Other debates center on the principle of the law of the land in America being defined not just by the Constitution's Supremacy Clause, but also by legal precedence, making an accurate reading of the Constitution subject to the mores and values of a given era, and rendering the concept of historical revisionism irrelevant when discussing the Constitution.
What kind of theory is the doctrine of the Living Constitution?
5731d701e17f3d140042248e
638
progressivist
153
These critics of the modern separation of church and state also note the official establishment of religion in several of the states at the time of ratification, to suggest that the modern incorporation of the Establishment Clause as to state governments goes against the original constitutional intent.[citation needed] The issue is complex, however, as the incorporation ultimately bases on the passage of the 14th Amendment in 1868, at which point the first amendment's application to the state government was recognized. Many of these constitutional debates relate to the competing interpretive theories of originalism versus modern, progressivist theories such as the doctrine of the Living Constitution. Other debates center on the principle of the law of the land in America being defined not just by the Constitution's Supremacy Clause, but also by legal precedence, making an accurate reading of the Constitution subject to the mores and values of a given era, and rendering the concept of historical revisionism irrelevant when discussing the Constitution.
What do some debates center on the law of the land not being just defined by the Constitution's Supremacy Clause but also by what?
5731d701e17f3d140042248f
857
legal precedence
154
The "religious test" clause has been interpreted to cover both elected officials and appointed ones, career civil servants as well as political appointees. Religious beliefs or the lack of them have therefore not been permissible tests or qualifications with regard to federal employees since the ratification of the Constitution. Seven states, however, have language included in their Bill of Rights, Declaration of Rights, or in the body of their constitutions that require state office-holders to have particular religious beliefs, though some of these have been successfully challenged in court. These states are Texas, Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, and Tennessee.
What clause are both elected officials and appointed ones covered by?
5731d7dbe99e3014001e6326
5
religious test
155
The "religious test" clause has been interpreted to cover both elected officials and appointed ones, career civil servants as well as political appointees. Religious beliefs or the lack of them have therefore not been permissible tests or qualifications with regard to federal employees since the ratification of the Constitution. Seven states, however, have language included in their Bill of Rights, Declaration of Rights, or in the body of their constitutions that require state office-holders to have particular religious beliefs, though some of these have been successfully challenged in court. These states are Texas, Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, and Tennessee.
What type of beliefs are not an allowed job qualification test for federal employees?
5731d7dbe99e3014001e6327
156
Religious
156
The "religious test" clause has been interpreted to cover both elected officials and appointed ones, career civil servants as well as political appointees. Religious beliefs or the lack of them have therefore not been permissible tests or qualifications with regard to federal employees since the ratification of the Constitution. Seven states, however, have language included in their Bill of Rights, Declaration of Rights, or in the body of their constitutions that require state office-holders to have particular religious beliefs, though some of these have been successfully challenged in court. These states are Texas, Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, and Tennessee.
How many states violate the religious test clause with language somewhere in their official policies?
5731d7dbe99e3014001e6328
331
Seven
157
The "religious test" clause has been interpreted to cover both elected officials and appointed ones, career civil servants as well as political appointees. Religious beliefs or the lack of them have therefore not been permissible tests or qualifications with regard to federal employees since the ratification of the Constitution. Seven states, however, have language included in their Bill of Rights, Declaration of Rights, or in the body of their constitutions that require state office-holders to have particular religious beliefs, though some of these have been successfully challenged in court. These states are Texas, Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, and Tennessee.
What do states violate the clause require state office-holders to possess?
5731d7dbe99e3014001e6329
505
particular religious beliefs
158
The required beliefs of these clauses include belief in a Supreme Being and belief in a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is one such example.) Some of these same states specify that the oath of office include the words "so help me God." In some cases these beliefs (or oaths) were historically required of jurors and witnesses in court. At one time, such restrictions were allowed under the doctrine of states' rights; today they are deemed to be in violation of the federal First Amendment, as applied to the states via the 14th amendment, and hence unconstitutional and unenforceable.
What do the non-permissible clauses require a belief in?
5731d900b9d445190005e5af
56
a Supreme Being
159
The required beliefs of these clauses include belief in a Supreme Being and belief in a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is one such example.) Some of these same states specify that the oath of office include the words "so help me God." In some cases these beliefs (or oaths) were historically required of jurors and witnesses in court. At one time, such restrictions were allowed under the doctrine of states' rights; today they are deemed to be in violation of the federal First Amendment, as applied to the states via the 14th amendment, and hence unconstitutional and unenforceable.
What's one example in Tennessee's constitution?
5731d900b9d445190005e5b0
153
Article IX, Section 2
160
The required beliefs of these clauses include belief in a Supreme Being and belief in a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is one such example.) Some of these same states specify that the oath of office include the words "so help me God." In some cases these beliefs (or oaths) were historically required of jurors and witnesses in court. At one time, such restrictions were allowed under the doctrine of states' rights; today they are deemed to be in violation of the federal First Amendment, as applied to the states via the 14th amendment, and hence unconstitutional and unenforceable.
What language do some of the same states specify the oath of office include?
5731d900b9d445190005e5b1
274
so help me God
161
The required beliefs of these clauses include belief in a Supreme Being and belief in a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is one such example.) Some of these same states specify that the oath of office include the words "so help me God." In some cases these beliefs (or oaths) were historically required of jurors and witnesses in court. At one time, such restrictions were allowed under the doctrine of states' rights; today they are deemed to be in violation of the federal First Amendment, as applied to the states via the 14th amendment, and hence unconstitutional and unenforceable.
Requiring oaths invoking God are today deemed to be in violation of what?
5731d900b9d445190005e5b2
521
federal First Amendment
162
The required beliefs of these clauses include belief in a Supreme Being and belief in a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is one such example.) Some of these same states specify that the oath of office include the words "so help me God." In some cases these beliefs (or oaths) were historically required of jurors and witnesses in court. At one time, such restrictions were allowed under the doctrine of states' rights; today they are deemed to be in violation of the federal First Amendment, as applied to the states via the 14th amendment, and hence unconstitutional and unenforceable.
Because such oaths are in violation of the First Amendment, they're what?
5731d900b9d445190005e5b3
605
unconstitutional and unenforceable
163
Relaxed zoning rules and special parking privileges for churches, the tax-free status of church property, the fact that Christmas is a federal holiday, etc., have also been questioned, but have been considered examples of the governmental prerogative in deciding practical and beneficial arrangements for the society. The national motto "In God We Trust" has been challenged as a violation, but the Supreme Court has ruled that ceremonial deism is not religious in nature. A circuit court ruling affirmed Ohio's right to use as its motto a passage from the Bible, "With God, all things are possible", because it displayed no preference for a particular religion.
Why have perks like relaxed zoning rules and special parking privileges been allowed for churches?
5731da10e17f3d140042249f
277
beneficial arrangements for the society
164
Relaxed zoning rules and special parking privileges for churches, the tax-free status of church property, the fact that Christmas is a federal holiday, etc., have also been questioned, but have been considered examples of the governmental prerogative in deciding practical and beneficial arrangements for the society. The national motto "In God We Trust" has been challenged as a violation, but the Supreme Court has ruled that ceremonial deism is not religious in nature. A circuit court ruling affirmed Ohio's right to use as its motto a passage from the Bible, "With God, all things are possible", because it displayed no preference for a particular religion.
What is the national motto "In God We Trust" officially known as?
5731da10e17f3d14004224a0
428
ceremonial deism
165
Relaxed zoning rules and special parking privileges for churches, the tax-free status of church property, the fact that Christmas is a federal holiday, etc., have also been questioned, but have been considered examples of the governmental prerogative in deciding practical and beneficial arrangements for the society. The national motto "In God We Trust" has been challenged as a violation, but the Supreme Court has ruled that ceremonial deism is not religious in nature. A circuit court ruling affirmed Ohio's right to use as its motto a passage from the Bible, "With God, all things are possible", because it displayed no preference for a particular religion.
What has the Supreme Court ruled about ceremonial deism?
5731da10e17f3d14004224a1
448
not religious in nature
166
Relaxed zoning rules and special parking privileges for churches, the tax-free status of church property, the fact that Christmas is a federal holiday, etc., have also been questioned, but have been considered examples of the governmental prerogative in deciding practical and beneficial arrangements for the society. The national motto "In God We Trust" has been challenged as a violation, but the Supreme Court has ruled that ceremonial deism is not religious in nature. A circuit court ruling affirmed Ohio's right to use as its motto a passage from the Bible, "With God, all things are possible", because it displayed no preference for a particular religion.
What state uses as a motto a passage from the Bible?
5731da10e17f3d14004224a2
505
Ohio
167
Relaxed zoning rules and special parking privileges for churches, the tax-free status of church property, the fact that Christmas is a federal holiday, etc., have also been questioned, but have been considered examples of the governmental prerogative in deciding practical and beneficial arrangements for the society. The national motto "In God We Trust" has been challenged as a violation, but the Supreme Court has ruled that ceremonial deism is not religious in nature. A circuit court ruling affirmed Ohio's right to use as its motto a passage from the Bible, "With God, all things are possible", because it displayed no preference for a particular religion.
Why was Ohio allowed to use a biblical passage as its motto?
5731da10e17f3d14004224a3
601
because it displayed no preference for a particular religion
168
Jeffries and Ryan (2001) argue that the modern concept of separation of church and state dates from the mid-twentieth century rulings of the Supreme Court. The central point, they argue, was a constitutional ban against aid to religious schools, followed by a later ban on religious observance in public education. Jeffries and Ryan argue that these two propositions—that public aid should not go to religious schools and that public schools should not be religious—make up the separationist position of the modern Establishment Clause.
When do Jeffries and Ryan that the modern concept of separation of church and state dates from?
5731dc7ae99e3014001e635c
104
mid-twentieth century
169
Jeffries and Ryan (2001) argue that the modern concept of separation of church and state dates from the mid-twentieth century rulings of the Supreme Court. The central point, they argue, was a constitutional ban against aid to religious schools, followed by a later ban on religious observance in public education. Jeffries and Ryan argue that these two propositions—that public aid should not go to religious schools and that public schools should not be religious—make up the separationist position of the modern Establishment Clause.
What was the central point of the rulings of the Supreme Court's rulings?
5731dc7ae99e3014001e635d
193
constitutional ban against aid to religious schools
170
Jeffries and Ryan (2001) argue that the modern concept of separation of church and state dates from the mid-twentieth century rulings of the Supreme Court. The central point, they argue, was a constitutional ban against aid to religious schools, followed by a later ban on religious observance in public education. Jeffries and Ryan argue that these two propositions—that public aid should not go to religious schools and that public schools should not be religious—make up the separationist position of the modern Establishment Clause.
What was later banned in public education?
5731dc7ae99e3014001e635e
273
religious observance
171
Jeffries and Ryan (2001) argue that the modern concept of separation of church and state dates from the mid-twentieth century rulings of the Supreme Court. The central point, they argue, was a constitutional ban against aid to religious schools, followed by a later ban on religious observance in public education. Jeffries and Ryan argue that these two propositions—that public aid should not go to religious schools and that public schools should not be religious—make up the separationist position of the modern Establishment Clause.
How many propositions make up the separationist position on the Establishment Clause?
5731dc7ae99e3014001e635f
350
two
172
Jeffries and Ryan argue that no-aid position drew support from a coalition of separationist opinion. Most important was "the pervasive secularism that came to dominate American public life," which sought to confine religion to a private sphere. Further, the ban against government aid to religious schools was supported before 1970 by most Protestants (and most Jews), who opposed aid to religious schools, which were mostly Catholic at the time. After 1980, however, anti-Catholic sentiment has diminished among mainline Protestants, and the crucial coalition of public secularists and Protestant churches has collapsed. While mainline Protestant denominations are more inclined towards strict separation of church and state, much evangelical opinion has now largely deserted that position. As a consequence, strict separationism is opposed today by members of many Protestant faiths, even perhaps eclipsing the opposition of Roman Catholics.[citation needed]
What position do Jeffries and Ryan argue was the reason for support from a coalition of separationists?
5731dd32e17f3d14004224b9
29
no-aid
173
Jeffries and Ryan argue that no-aid position drew support from a coalition of separationist opinion. Most important was "the pervasive secularism that came to dominate American public life," which sought to confine religion to a private sphere. Further, the ban against government aid to religious schools was supported before 1970 by most Protestants (and most Jews), who opposed aid to religious schools, which were mostly Catholic at the time. After 1980, however, anti-Catholic sentiment has diminished among mainline Protestants, and the crucial coalition of public secularists and Protestant churches has collapsed. While mainline Protestant denominations are more inclined towards strict separation of church and state, much evangelical opinion has now largely deserted that position. As a consequence, strict separationism is opposed today by members of many Protestant faiths, even perhaps eclipsing the opposition of Roman Catholics.[citation needed]
What type of secularism came to dominate American public life?
5731dd32e17f3d14004224ba
125
pervasive
174
Jeffries and Ryan argue that no-aid position drew support from a coalition of separationist opinion. Most important was "the pervasive secularism that came to dominate American public life," which sought to confine religion to a private sphere. Further, the ban against government aid to religious schools was supported before 1970 by most Protestants (and most Jews), who opposed aid to religious schools, which were mostly Catholic at the time. After 1980, however, anti-Catholic sentiment has diminished among mainline Protestants, and the crucial coalition of public secularists and Protestant churches has collapsed. While mainline Protestant denominations are more inclined towards strict separation of church and state, much evangelical opinion has now largely deserted that position. As a consequence, strict separationism is opposed today by members of many Protestant faiths, even perhaps eclipsing the opposition of Roman Catholics.[citation needed]
Who supported the ban against government aid to religious schools before 1970?
5731dd32e17f3d14004224bb
335
most Protestants (and most Jews)
175
Jeffries and Ryan argue that no-aid position drew support from a coalition of separationist opinion. Most important was "the pervasive secularism that came to dominate American public life," which sought to confine religion to a private sphere. Further, the ban against government aid to religious schools was supported before 1970 by most Protestants (and most Jews), who opposed aid to religious schools, which were mostly Catholic at the time. After 1980, however, anti-Catholic sentiment has diminished among mainline Protestants, and the crucial coalition of public secularists and Protestant churches has collapsed. While mainline Protestant denominations are more inclined towards strict separation of church and state, much evangelical opinion has now largely deserted that position. As a consequence, strict separationism is opposed today by members of many Protestant faiths, even perhaps eclipsing the opposition of Roman Catholics.[citation needed]
What diminished after 1980?
5731dd32e17f3d14004224bc
468
anti-Catholic sentiment
176
Jeffries and Ryan argue that no-aid position drew support from a coalition of separationist opinion. Most important was "the pervasive secularism that came to dominate American public life," which sought to confine religion to a private sphere. Further, the ban against government aid to religious schools was supported before 1970 by most Protestants (and most Jews), who opposed aid to religious schools, which were mostly Catholic at the time. After 1980, however, anti-Catholic sentiment has diminished among mainline Protestants, and the crucial coalition of public secularists and Protestant churches has collapsed. While mainline Protestant denominations are more inclined towards strict separation of church and state, much evangelical opinion has now largely deserted that position. As a consequence, strict separationism is opposed today by members of many Protestant faiths, even perhaps eclipsing the opposition of Roman Catholics.[citation needed]
What is opposed today by members of many Protestant faiths?
5731dd32e17f3d14004224bd
810
strict separationism
177
Critics of the modern concept of the "separation of church and state" argue that it is untethered to anything in the text of the constitution and is contrary to the conception of the phrase as the Founding Fathers understood it. Philip Hamburger, Columbia Law school professor and prominent critic of the modern understanding of the concept, maintains that the modern concept, which deviates from the constitutional establishment clause jurisprudence, is rooted in American anti-Catholicism and Nativism.[citation needed] Briefs before the Supreme Court, including by the U.S. government, have argued that some state constitutional amendments relating to the modern conception of separation of church and state (Blaine Amendments) were motivated by and intended to enact anti-Catholicism.
What do critics of the concept of separation of church and state argue it's untethered to?
5731ddefb9d445190005e5d7
101
anything in the text of the constitution
178
Critics of the modern concept of the "separation of church and state" argue that it is untethered to anything in the text of the constitution and is contrary to the conception of the phrase as the Founding Fathers understood it. Philip Hamburger, Columbia Law school professor and prominent critic of the modern understanding of the concept, maintains that the modern concept, which deviates from the constitutional establishment clause jurisprudence, is rooted in American anti-Catholicism and Nativism.[citation needed] Briefs before the Supreme Court, including by the U.S. government, have argued that some state constitutional amendments relating to the modern conception of separation of church and state (Blaine Amendments) were motivated by and intended to enact anti-Catholicism.
What is the profession of Philip Hamburger?
5731ddefb9d445190005e5d8
267
professor
179
Critics of the modern concept of the "separation of church and state" argue that it is untethered to anything in the text of the constitution and is contrary to the conception of the phrase as the Founding Fathers understood it. Philip Hamburger, Columbia Law school professor and prominent critic of the modern understanding of the concept, maintains that the modern concept, which deviates from the constitutional establishment clause jurisprudence, is rooted in American anti-Catholicism and Nativism.[citation needed] Briefs before the Supreme Court, including by the U.S. government, have argued that some state constitutional amendments relating to the modern conception of separation of church and state (Blaine Amendments) were motivated by and intended to enact anti-Catholicism.
What school is Philip Hamburger associated with?
5731ddefb9d445190005e5d9
247
Columbia Law school
180
Critics of the modern concept of the "separation of church and state" argue that it is untethered to anything in the text of the constitution and is contrary to the conception of the phrase as the Founding Fathers understood it. Philip Hamburger, Columbia Law school professor and prominent critic of the modern understanding of the concept, maintains that the modern concept, which deviates from the constitutional establishment clause jurisprudence, is rooted in American anti-Catholicism and Nativism.[citation needed] Briefs before the Supreme Court, including by the U.S. government, have argued that some state constitutional amendments relating to the modern conception of separation of church and state (Blaine Amendments) were motivated by and intended to enact anti-Catholicism.
What does Hamburger feel the modern concept of separation of church and state is rooted in?
5731ddefb9d445190005e5da
465
American anti-Catholicism
181
Critics of the modern concept of the "separation of church and state" argue that it is untethered to anything in the text of the constitution and is contrary to the conception of the phrase as the Founding Fathers understood it. Philip Hamburger, Columbia Law school professor and prominent critic of the modern understanding of the concept, maintains that the modern concept, which deviates from the constitutional establishment clause jurisprudence, is rooted in American anti-Catholicism and Nativism.[citation needed] Briefs before the Supreme Court, including by the U.S. government, have argued that some state constitutional amendments relating to the modern conception of separation of church and state (Blaine Amendments) were motivated by and intended to enact anti-Catholicism.
What are state constitutional amendments relating to separation of church and state known as?
5731ddefb9d445190005e5db
712
Blaine Amendments
182
J. Brent Walker, Executive Director of the Baptist Joint Committee, responded to Hamburger's claims noting; "The fact that the separation of church and state has been supported by some who exhibited an anti-Catholic animus or a secularist bent does not impugn the validity of the principle. Champions of religious liberty have argued for the separation of church and state for reasons having nothing to do with anti-Catholicism or desire for a secular culture. Of course, separationists have opposed the Catholic Church when it has sought to tap into the public till to support its parochial schools or to argue for on-campus released time in the public schools. But that principled debate on the issues does not support a charge of religious bigotry"
Who is the Executive Director of the Baptist Joint Committee?
5731dee2e17f3d14004224cd
0
J. Brent Walker
183
J. Brent Walker, Executive Director of the Baptist Joint Committee, responded to Hamburger's claims noting; "The fact that the separation of church and state has been supported by some who exhibited an anti-Catholic animus or a secularist bent does not impugn the validity of the principle. Champions of religious liberty have argued for the separation of church and state for reasons having nothing to do with anti-Catholicism or desire for a secular culture. Of course, separationists have opposed the Catholic Church when it has sought to tap into the public till to support its parochial schools or to argue for on-campus released time in the public schools. But that principled debate on the issues does not support a charge of religious bigotry"
What does Walker feel does not impugn the validity of the principle of separation of church and state?
5731dee2e17f3d14004224ce
167
supported by some who exhibited an anti-Catholic animus or a secularist bent
184
J. Brent Walker, Executive Director of the Baptist Joint Committee, responded to Hamburger's claims noting; "The fact that the separation of church and state has been supported by some who exhibited an anti-Catholic animus or a secularist bent does not impugn the validity of the principle. Champions of religious liberty have argued for the separation of church and state for reasons having nothing to do with anti-Catholicism or desire for a secular culture. Of course, separationists have opposed the Catholic Church when it has sought to tap into the public till to support its parochial schools or to argue for on-campus released time in the public schools. But that principled debate on the issues does not support a charge of religious bigotry"
Who have argued for the separation of church and state for reasons having nothing to do with a desire for a secular culture?
5731dee2e17f3d14004224cf
291
Champions of religious liberty
185
J. Brent Walker, Executive Director of the Baptist Joint Committee, responded to Hamburger's claims noting; "The fact that the separation of church and state has been supported by some who exhibited an anti-Catholic animus or a secularist bent does not impugn the validity of the principle. Champions of religious liberty have argued for the separation of church and state for reasons having nothing to do with anti-Catholicism or desire for a secular culture. Of course, separationists have opposed the Catholic Church when it has sought to tap into the public till to support its parochial schools or to argue for on-campus released time in the public schools. But that principled debate on the issues does not support a charge of religious bigotry"
Separationists opposed the Catholic church when it sought to do what?
5731dee2e17f3d14004224d0
542
tap into the public till to support its parochial schools
186
J. Brent Walker, Executive Director of the Baptist Joint Committee, responded to Hamburger's claims noting; "The fact that the separation of church and state has been supported by some who exhibited an anti-Catholic animus or a secularist bent does not impugn the validity of the principle. Champions of religious liberty have argued for the separation of church and state for reasons having nothing to do with anti-Catholicism or desire for a secular culture. Of course, separationists have opposed the Catholic Church when it has sought to tap into the public till to support its parochial schools or to argue for on-campus released time in the public schools. But that principled debate on the issues does not support a charge of religious bigotry"
What does a principled debate on the issues not support a charge of?
5731dee2e17f3d14004224d1
733
religious bigotry
187
Steven Waldman notes that; "The evangelicals provided the political muscle for the efforts of Madison and Jefferson, not merely because they wanted to block official churches but because they wanted to keep the spiritual and secular worlds apart." "Religious freedom resulted from an alliance of unlikely partners," writes the historian Frank Lambert in his book The Founding Fathers and the Place of Religion in America. "New Light evangelicals such as Isaac Bachus and John Leland joined forces with Deists and skeptics such as James Madison and Thomas Jefferson to fight for a complete separation of church and state."
What did evangelicals want to keep apart?
5731df48e99e3014001e6378
207
the spiritual and secular worlds