Executive Branch In Public Schools

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This paper discusses how the legislative, executive, and judicial branches of the United States government interact to allow each individual in a public school freedom to pray while not endorsing any religion.
The legislative branch makes the laws by which the public schools operate. The executive branch led by the President, through the Secretary of Education and the governors in each of the fifty states administer the laws. When disputes arise and cases enter the court system, the cases pass from the lower courts to the Supreme Court as the judicial branch functions to resolve the cases. One person or branch cannot accomplish this complicated job of governing working alone. Checks and balances among the 3 branches see this job is accomplished. …show more content…

Congress established the Board or Education lead by the Secretary of Education, who is in the President’s cabinet to administer guidance. The President nominates Supreme Court justices.
The first and fourteenth amendments to the constitution establish the rules that apply to school prayer. The first amendment says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…and to petition the government for a redress of grievances. The 14th Amendment of the Constitution has several clauses; the clause that pertains to school prayer is the Equal Protection Clause requiring each state to provide equal protection under the law to all people within that state. What this means is, each student in the school is protected from being forced to pray in school in any certain way.
John Roberts, a white house lawyer in 1985 proposed allowing prayer in public schools as "within the constitutional power of Congress."
Schools in some states had prayer in the beginning of the day led by a school official. A New York state law required the Pledge of Allegiance under God and recognizing the dependence upon God. Also, the state of Arkansas also had a similar …show more content…

The issue went to the supreme court of the United States which ruled that the prayer was not constitutional.
The Supreme Court ruled on two landmark cases related to prayer in schools. Public schools cannot sponsor Bible reading (Abington versus Schempp, 1963). The Lemon case of 1971 specified public schools may not teach courses in religion only public school courses.
These rulings caused the states to make changes. The changes were made through the government’s executive branch.
Moving on to the executive branch, the Governor of Arkansas in 1985, Bill Clinton, had to decide how to implement the executive order to end a moment of prayer at school events led by a school official. Because students of different religions are all present at school events, Governor Clinton said he opposed forcing individual students to pray in any way led by a school endorsed religion and decided to replace the moment of spoken prayer by a school official with an authorized moment of silence. He insisted that pausing in silence did not amount to coercion or an endorsement of religion. During the silent time, each individual student is free to choose to talk to God like they understand God and leaving others free to think about the reason for the moment of silence without praying according to the methods of any one religion being forced on an individual

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