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Thomas jefferson and his view on the constitution
Importance of religion in the USA
Importance of religion in the USA
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Freedom of speech was a big topic spoken about in the 1950’s and even today. Schools in the 1950’s had to recite a specific prayer every morning in school not like today. Students had to recite the “twenty two word regents prayer”. The Engel Vs Vitale case has to do with separation of church and state, meaning that there should be a separation between peoples views on religious freedom and the government. In the first amendment, Thomas Jefferson introduced this law and rule during the colonies but then this later evolved into the United States, where into the 1950’s became a huge debate on who was right and who was wrong. The Supreme Court case Engel v. Vitale expanded the rights of Americans because the Supreme Court ruled in favor of Stephen Engel and the families of the students against prayer in schooling; because of this decision, students should be able to absent themselves from prayer in school.
In the 17th and 18th centuries, people from Great Britain, moved and voyaged to the colonies for many reasons. A bulge of people moved to the “New World” , because there were more opportunities, as well as freedoms. The colonies offered freedom of religion and freedom and belief. As a colonist you had a right to believe in different religions than another person. In England you were to believe in the Church of England. In the colonies you were allowed to belief in any religion, stated in the first amendment(Brannen Jr., et al pg. 109).
The Engel v. Vitale Supreme Court case was between, a parent, of a student named Stephen Engel and he was opposed to William Vitale Jr, the chairman board of the New Hyde Park school district located in New York. Many around the USA renamed the case as “New York Regents Prayer Case”. The reason t...
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...y one school besides thousands of others. Engel and the parents were really just to speak up and show how their kids were being held up in school. The Supreme Court case has had and still today stands as a long lasting effect on our nation.
Works Cited
Brannen Jr., Daniel E., Richard Clay Hare and Rebeca E. Valentine, Supreme Court Drama: Cases that Changed America. 2 ed. Detroit: V-X-L, 2011, Print,
Engel v. Vitale. The Legal Dictionary. Wed March 26 2014. www.legal-dictionary.com
(“Engel v. Vitale, “The Legal Dictionary).
( “Engel v. Vitale,” Britannica School )
Engel v. Vitale. The Britannic School. Wed March 26 www.Britannicaschool.com ( Engel v. Vitale - Wednesday March 26 )
.
( Engel v. Vitale )
Separation of Church and State ( Haas, Carol, Pgs 7-20)
Landmark Supreme Court Cases
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
When the Mayflower sailed over to the New World, on the boats were Puritans that were looking for a change in the way that their religion was practiced where the Chesapeake settlers came over for gold. Alongside the Puritans were the Separatists who wanted everything their way and wanted to perfect the ways of the Puritans. When they landed in New England, they immediately settled down because they didn’t have an economic reason for coming. Both sets of religions ventured overseas so that they could create a new religion that would work for them in their favor and not be prosecuted for practici...
By 1763, although some colonies still maintained established churches, other colonies had accomplished a virtual revolution for religious toleration and separation of church and state. The Anglican Church was the only established denomination in England. In contrast, the colonies supported a great variety of churches. The largest were the Congregationalist, Anglican, and German churches, but many smaller denominations could be found through the colonies. In addition to this, a high percentage of Americans didn’t belong to any church. These differences could be attributed to the fact that many of the Europeans who immigrated to America didn’t fit in to or agree with the churches in their homelands.
Shnayerson, Robert. The Illustrated History of The Supreme Court Of The United States. New York: Abrams, 1986.
By 1763 although some colonies still maintained established churches, other colonies had accomplished a virtual revolution for religious toleration and separation of church and state. The British, after many years of religious revolution had established the Anglican Church. In which the king of England was the head of this church. This resulted in almost no separation of church and state. There were several colonies that had the state and the church separate. One state is Rhode Island; which being a prime example of a state with religious toleration because of it being founded by an outcast of the Massachusetts Bay Colony. The founder decided that Rhode Island would be a haven for thinkers and other religions and such. Another state with some religious freedom was Connecticut, which gave us the Fundamental Orders of Connecticut. The cause of this difference was that most of the colonist had fled to the colonies to escape religious persecution. In fact they almost had a majority rule, therefore they did not want a powerful church to suppress or persecute them here in the new world. So they hacked the power of the church and made sure it stayed out of government affairs.
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
Religion was a key component to the construction of the early American colonial society. It shaped the beliefs and actions of the settlers within the society in many ways. Originally, the newcomers settling on North American land had main motives of owning their own land, increasing their country’s empire and gaining personal profit. Alongside those motives came the sheer desire to spread their religion with whom they encountered in the new land of opportunity. As stated, settlers set out to convert others towards Christianity because they believed freedom was found in worshiping God. Socially, if a person identified as a Christian they automatically were placed higher on the hierarchy. In the same respect, religion and politics at this time were delicately intertwined. Being Christian also meant the government heavily favored you and your peoples since you were to be considered influential in society. In the Maryland Act Concerning Religion (1644), John Winthrop’s Speech to the Massachusetts General Court (1645), the Trial of Anne Hutchinson (1637) and Roger Williams Letter to the Town of Providence (1655) one can notice the striking role religion plays both socially and
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
American colonies were clearly established with the intent to all live together with Christian beliefs, but with so many interpretations and versions of the same religious scripture, freedom to practice whichever adaptation feels right became most important in colonial life. And as a safe haven for those who were persecuted in their home countries, America truly flourished as a place for the religiously tolerant.
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
Though there were religious concerns that contributed to the settling of British North America, the economic concerns outweighed the notable religious concerns. A religious concern that played a role in British colonization was that the British wanted to have the Indians of North America converted to Protestant Christianity (Boorstin et al. 34). In addition, specific groups that were seeking religious freedom used the British colonizing as a venue to achieve this objective. Such groups included the Puritan separatists who had begun to lose their freedoms in England, and thus they became colonists in New England.
Many of England’s problems could be solved in America, and so colonization began. When the earliest settlers came, England had the responsibility to continue the Protestant Church, and prevent the Catholic Church from converting the entire Native American population of North America (Morison, p.105) A potential Protestant refuge could be based there in the threat of civil wars or a change of religion.
Brannen, Daniel, Clay Hanes, and Rebecca Valentine. "Segregation and Desegregation." Supreme Court Drama: Cases That Changed America. (2011): 873-879.
The Constitution of the United States was written to give citizens certain privileges and rights in the way of free thought and freedom. The Establishment Clause was one way that civilians were protecting religious liberty by the separation of church and state. Within our political and school systems there have been a number of controversial issues to include religious holidays, school prayer, teaching evolution and aid to church based schools. The Supreme Court has ruled in many cases in regards to these religious controversial issues.