Questions On The Law Of The United States

1387 WordsMar 29, 20156 Pages
Rachel Pratt EDUC-A 308 24 March 2015 Issue Paper Detailed Outline Step One: Summarize the issue you have chosen and state the position you will argue. I am going to argue that the fourth grade teacher who posted a banner in his room that said “What Would Jesus Do?” has violated the Establishment Clause of the First Amendment. In order to avoid violating this clause, the banner must pass every prong of the Lemon test. However, this particular banner does not. Step Two: List the legal standards and how they will apply to your case and argument. The Establishment Clause of the First Amendment is the legal standard that pertains to this particular argument. When assessing whether the banner in question violates the Establishment Clause,…show more content…
Case One: Stone v. Graham Supreme Court of the United States 449 U.S. 39 In this case, petitioner private citizens filed a suit against the superintendent of public schools in Kentucky, James Graham. Sydell and a number of other parents challenged the Kentucky state law requiring the posting of the Ten Commandments in every public school classroom. Each plaque would be purchased with private contributions and would have that statement, “The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States.” The private citizens claimed that the statue violated the First Amendment and sought an injunction against its enforcement. The state supreme court held that the statue’s purpose was secular and it would neither advance nor inhibit any religion or religious group nor involve the state excessively in religious matters. On appeal, the United States Supreme Court held that the statue had no secular legislative purpose and was, therefore, unconstitutional. The purpose for posting the Ten Commandments was clearly religious due to the fact that they are sacred in the Jewish and Christian faiths, therefore violating the Establishment Clause of the First Amendment. This particular case will support my argument by confirming that hanging up items on school walls that do
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