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Important Constitutional Law Cases
Can you name the Important Constitutional Law Cases?
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Historical Events of 1998
Purpose/primary effect test -- school prayer
VSP for Sunday as day of rest
State has compelling interest to take care of kids OVER religious freedom
Double Jeopardy protections NOT fundamental to ordered liberty
Jehovah's witnesses and their record player -- Valid Secular Policy test
Tax exemption for churches -- “Excessive government entanglement” test begun
Taxpayer/hospital: 'A law respecting a religious establishment' is not necessarily a 'law establishing religion.'
You can spout off racist epithets and be protected by the constitution
Ten Commandments is OK as monument
The Espionage Act doesn't unduly restrict speech
Strict Scrutiny in unemployment claims -- began a new test
Clear and Present Danger test begun
Clear and Present Danger test applied -- no government overthrow
State governments not bound by eminent domain guarantees in Amdmt 5
But you can definitely burn a flag
You can't burn your draft card
The state can’t furnish you textbooks that aren’t secular in nature
Incorporated Free Speech Clause
Amdmt 1 only protects religious beliefs, not the actions thereto that run afoul of already established laws
The Smith Act violates the First Amendment -- more commies
Clergy in public school graduation not OK
Incorporated Free Exercise Clause
Grand Jury NOT fundamental to ordered liberty
Amish people don't have to go to school after 8th grade
Oregon Compulsory School Act unconstitutional
State must provide unemployment compensation to a person objecting to work at a weapons plant under the Free Exercise Clause
Free Exercise Clause permits outlawing peyote and denying unemployment to people fired for its use as the Oregon law was a “neutral law of general applicability”
Religious Freedom Reformation Act exceeded congress’s power
Belief-Action test begun
Combined Schemp and Walz prongs for its famous 'test'
Free Exercise Clause does not permit wearing of religious apparel in military
Conscientious objection on 'sincerely held moral beliefs' OK
Can use public funds to transport kids to private (religious) schools -- nothing ideological about a bus
Began Strict Scrutiny test for statutes -- milk regulations
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