Law and Language I. The Constitution is the highest level of law. A constitution is a system of fundamentals such as amendments that people of a state or nation follow in order to establish and construct their government. II. The First Amendment addresses several personal freedoms. The first clause of the First Amendment, the establishment of free exercise of religion clause, was the focus on taking legal action in education. There have been many cases and disputes that argue the appropriate government relationship in relation to religion. Three of the issues that the cases dealt with was (1) school practices objected to on the basis of promoting or inhibiting religion, (2) curriculum content, and (3) public funds used to provide support to nonpublic schools or to students or parents of students attending nonpublic schools. Some argue that the Pledge of Allegiance divides us on a religious basis because of the phrase “under God”. California has already banned the Pledge of Allegiance in three public school districts due to the reference to God because since public schools are funded by the government, they argue that the Pledge conflicts with the government’s endorsement of a religion. The second clause of the First Amendment deals with the freedom of speech and press. Teachers and students have both claimed that their rights to express themselves have been violated in many ways. Teachers have also become more conflicted with the types of teaching materials and practices
Constitution ~ a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress
The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there’s nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015).
Recently, students were instructed to write an essay along with a pictorial representation of the person they considered to be their hero. Since one student chose Jesus as his hero and submitted a drawing of the Last Supper, possible legal complications need to be considered before grading and displaying the assignment. An examination of First Amendment legal issues that arise when a student submits an assignment of religious nature will provide insight into how the First Amendment applies in the classroom.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to
The First Amendments is a blessing that the United States is fortunate enough to have. First and foremost, First Amendment protects the right to freedom of religion and expression, without any government interference ("First Amendment" n.p.). The freedom of expression includes the right to free speech, press, assembly, and to petition the government for a redress of grievances ("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.). People are allowed to practice their own religions and do not have to conform to one religion, all because of the First Amendment. People's rights are protected with no government interference.
Freedom of Religion means that the government can’t force you to accept only one set of religious beliefs or the way you worship. You can worship your own way and have your own religious beliefs as long as they don’t violate other people's rights. Today this is a very big debate when it comes to prayer and schools. Several cases have been brought to the Supreme Court about this and whether students have the right to pray in class or if the prayer would interfere with another student’s rights.
This has become a very controversial topic these days because of one line in the pledge, “under God” This is a “questionable religious reference” (Tucker 1). “Congress and President Eisenhower add “under God” to the pledge” (Tucker 4) in 1954, this is completely unnecessary because it brings religion into the pledge of the country and some groups of people do not believe in god, yet they are being forced to say excluding California. Such as Jehovah’s Witnesses, a group of people that do not believe in serving the country, but believe in serving god. Ultimately, our counties schools should not be obliged to recite this pledge. It is “outdated and unnecessary” (Tucker 1). Using California as an example, it does not affect the performance of students, but does affect
The First Amendment gives the citizens of the United States their most important rights: the right to freedom of speech, freedom of press, freedom of religion, and the freedom of assembly. Over time these rights have worked themselves into the everyday lives of United States citizens. However, there are still places where our First Amendment rights may be compromised. In the school system, finding a balance of respect and freedom of speech and press is as difficult as learning out to tightrope walk. One wrong step and you could be compromising the learning environment of the entire student body.
Many people today have their own personal beliefs. In a school setting, there have been many controversial situations that have been brought to court to help resolve individual rights. As National Coalition Against Censorship (2017) stated, the First Amendment guarantees of religious liberty include the freedom to believe or not to believe, to observe one’s faith openly without government interference, Freedom of speech encompasses religious as well as secular speech, but the Establishment Clause is where Thomas Jefferson described it as “a wall of separation between church and state”, because it has important implications for religious speech and observance in public schools” (Retrieved from http://ncac.org/resource/the-first-amendment-in-schools-resource-guide-religious-expression-in-the-public-schools). For this paper, legal issues regarding grading of assignment, appropriate of displaying student’s work, application of First Amendment to scenario, and conclusion will be discussed.
In almost every law the constitution is present. It creates a basis for our american government and contains speech that prevents misuse of power. One of the main characteristics of the Constitutional government is the Higher Law. This law promises final authority of government and is known to be superior to any Federal or State Law. As Americans, we take the Higher Law passionately, only allowing it to be changed with serious consent and consideration from the citizens. The Higher Law also helps us recognize that the government contains limitations when it comes to the citizens’ rights and responsibilities. The governing body is placed under the authority of the constitution, which includes the rights of the people.
The definition of constitution is the act or process of composing, setting up or establishing (Websters Dictionary online). When I think of constitution I think of our “founding father’s”, the ones who established our governemnt and function. I am reminded of why they came over here. I think of the Constitution as the mission statement for the American government. America’s set of standards. It gaurantees that we cannot stray from the vision of what we stand for. The constitution to me stands basically, for freedom of rights for all. All men are created equal.
The debate on religion in the public school is complicated by the fact that there are two clauses dealing with religion in the First Amendment (Warnick, 2012). The Establishment Clause, which disallows the establishment by the government of any particular religion, and the Free Exercise Clause, which prohibits the state from proscribing the practice of religion, are a source of
According to TheFreeDictionary.com, constitution means fundamental law, either written or unwritten, that explains the nature of a government by clarifying the basic principles which a society must comply with; by describing the organisation of the government and regulation, and limitations on the functions of government bodies; and by specifying the extent and manner of the exercise of its sovereign powers (Farlex, 2003).