Sherbert Argument Essay: The State Of California

"The Fourteenth Amendment prohibited deprivation of life, freedom or assets, property, without due process and equally violate the Fifth Amendment rules that inquire no private property shall be taken for public use without rightful recompense.” CES was required to follow up with a notice and provide an opportunity to be heard before they penalized a student. The board was supposed to hold an entire hearing on the third offense before any expulsion, arrest, incarceration or confiscating the student's phone permanently which they completely ignored.

The Establishment Clause guarantees the separation of church and government. Christian Theism is the default state doctrinal religion. As opposed to being something to fear , it was believed to be vital to the success of our government. Consequently, framers feared a state denominational religion not a state doctrinal religion. The Supreme Court established various tests to assess the constitutionality of laws that happened before it. The Lemon Test, has three parts addressing purpose, effect, and involvement. To pass the test, government action must be used only for a secular purpose; cannot promote neither prohibit a specific religion. As well as to not substantially involve government in religious matters. Failure on any one of the three

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

Under the Establishment Clause, “The government may not promote or affiliate itself with any religious doctrine or organization and the government may not discriminate among persons on the basis of their religious beliefs.” County of Allegheny v. American Civil Liberties Union Greater Pittsburg Chapter, 492 U.S 573, 109 S.Ct. 3086, 106. L.Ed.2d 472 (1989). The Endorsement test applies to cases that involve government officials and religious beliefs at school-sponsored events. Id at 592. This could be seen if officials promote or favor religion. Id. Courts have found that if prayer being delivered at public school events, organized and supervised by school officials, regardless of the event being outside the classroom and after hours, the government is endorsing religion. Lee, 505 U.S at 604. Additionally, if the government merely pressures participates to attend a religious activity, such as an opening prayer, the government is indirectly endorsing religion. Id (Holding that school officials endorsed religion when students attended “football games” in which opening prayers were given). On the other hand, to avoid favoring religion, public officials must either embrace any religious faith or embrace none at all. Id at 609. State officials favor religion if these officials recognize one religious belief, but they do not acknowledge a dissimilar one. County of Allegheny, 492 U.S at 616. (Holding that the government did not endorse religion by recognizing two different beliefs). Thus, the Endorsement Test is satisfied if either the school board promotes religious activities or if the board’s punishment of Mr. Pitstick is in favor of a religious

Application/Analysis: The court agrees that the state has a legitimate interest in protecting its citizens from fraud, but in this instance, the court takes issue with the fact that a sole authority, the secretary of the Public Welfare Council, can decide what is considered a valid religion. The court states that the secretary “is empowered to determine whether the cause is a

The Court, in its ruling in Yoder, applied the “Sherbert Test” and found that the compulsory education law was a substantial burden on their religious practices and the State’s interests were not compelling enough to disrupt the Amish way of life.

In concurrence with King, requiring professors in Christian Charter schools to refrain from wearing non-Christian articles of faith is not a reasonable infringement of Section 2(a) of the Charter. The Oakes test was conducted to deduce that the Charter infringement is not justifiable in a free and democratic society. The first step of the Oakes test is to determine if the infringement is “prescribed by law”. A common law rule or regulation, in addition to legislation can constitute a limit “prescribed by law” (Sharpe & Roach, 2013, p66).

In the Plain View Doctrine, it is legal that when attempting a search for another means, a public official can seize other evidence that may not be accompanied with that crime as the findings are of criminal activity. Even though, a police officer may have already secured a warrant but have specified what their findings will be in detail, there are still loopholes even within their statement, Horton v. California. Therefore, even when inadvertently seizing the evidence, it is still confined as validified evidence due to the officer’s lawful right to seize something even if there is no warrant. In general, even with the exceptions to the requirement of warrantless searches, there has to always be a general rule that even the cases above me have to inquire within their proposed holding of the case and its circumstances. Most searches and seizures, warrantless or not, are

The book, California Politics and Government: A practical Approach, helps students understand the government and politics. It describes the principles used in the state government and the relevance of these to the nowadays students and the future ones. The book has clear examples and explanations that help the students understand the California politics. It includes budgetary politics and policies, California law and court cases, government regulations, policymaking and elections in terms of political parties and interest groups. It addresses the economic, educational, immigration and social issues and theireffecton the politics. Students are able to familiarize with the public policy coverage; hence, make a connection between the effects and practical applications of legislation and the government.

In the case of State v. Heitman, Gary Heitman was sentenced to 8-12 years in prison for charges of “criminal conspiracy to commit first degree sexual assault on a child” (Heitman 1). Gary Heitman, 53, sent lude and perverse emails and letters to a 14-year-old girl, referred to as A.S. His first physical encounter with the girl was handing her an envelope containing “a $100 bill, three condoms, and a letter” (Heitman 1). After the girl had informed authorities, they took matters into their own hands and began to email Heitman under the guise of A.S. In this case of entrapment, there was sufficient evidence before the happening of the guise, and only warranted authorities to be sure that his intentions were clear. I believe that drawing on neither

The Lemon test refers to the case Lemon vs. Kurtzman, which took place in 1971. The case was heard with two other cases involving religion and education, with the main issue being financial support for teacher salaries that were part of parochial schools. State financial aid was being awarded to non-public schools that were teaching religion, which created unsettlement (https://www.oyez.org/cases/1970/89.) The establishment clause was intended to prevent government involvement or support of religion.

The California Postsecondary Education Commission was granted puissant duties and powers in 1974, after replacing the Coordinating Council for Higher Education (Education Commission of the States, 2016). The commission does not serve as a governing board but as an advisory committee to the House of Representatives, governor, and higher education institutions, with matters paramount to education policies (Education Commission of States, 2016). The commission holds the authority to review state public and private higher education institutions financial records, budgets, academic programs and provide recommendations for campus expansions. However, the primary function of the commission is to coordinate practices that prevent redundancy within the education divisions (Education Commission of States, 2016). The focus of the commission is driven by the state’s strategic work plan, for which goals are established targeting institutional areas of concern.

On July 1, 2003, California enacted an electronic data privacy law to protect residents from one of its fastest growing crimes: identity theft. SB 1386 (Civil Code 1798.29) requires businesses to notify California residents if a security breach results in disclosure of personal electronic data. All businesses are subject to this law regardless of size, location, or operations. Business owners should be aware of the problems associated with identity theft, the steps required to comply with SB 1386, and the preventative measures available.

Three ways that the California Constitutional can be amended; Two-thirds of the membership of each chamber of the California State Legislature must purpose an amendment, which then goes statewide ballot to be ratified or rejected by the state's voters. The state legislature is allowed to propose revisions (not just amendments) to the constitution. If measures conflict, and they both get more than 50 percent of the vote, the one with the highest number of votes prevails. With that information coming from the website and book I believe that pretty tough. If the votes isn’t confirmed at the beginning that’s when things get treaty. It’s too many outlets to collecting votes after the first tie. I believe in a way it is pretty easy but was made difficult

By applying the third prong of the Lemon Test, the court will find that the Christian school board did have an excessive entanglement with religion. To decide whether excessive entanglement with religion exists, the purpose of the institution is examined. Lemon, 403 U.S. at 615. Courts hold the government be entirely excluded from the area of religious instruction. Id at 625. Excessive entanglement exists, when government officials have a degree of involvement in the state-sponsored event. Marsh, 463 U.S. at 799. State officials maintain a sufficient degree of involvement by either controlling the religious exercise or by creating and supervising the exercise. Lemon, 403 U.S at 616. Additionally, by merely connecting the state and the church,