Constitutional Law Keyed to Varatback
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The legislature of the state of Nevarado enacted a program by which students in the public schools could request instruction as to specific religions and religious beliefs, and thus participate in public school programs in which leaders of the religions involved gave religious instruction and performed religious practices on school grounds. The program provided instruction on any religion requested by a student. Bea Lancelot, a local agnostic whose twelve-year-old child attends public school in Nevarado, challenges the law based on freedom of religion grounds.
What result?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
A city ordinance that gave churches veto power over the grant of liquor licenses for business within a quarter mile of the church was struck down by the state’s Supreme Court. In its decision, the court noted that even if the ordinance were not a violation of the Federal Establishment Clause, it clearly violated a provision in the state constitution requiring the separation of church and state because it delegated governmental authority to the churches. The Supreme Court opinion also harshly criticized the city council for passing an ordinance that was clearly in violation of state law.
To comply with the court’s decision and avoid future criticism, the city council adopted an ordinance prohibiting any cleric from sitting on any public board within the city. A cleric who is currently on a school board within the city brings a suit in federal district court to have the ordinance declared unconstitutional.
How should the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
A man who belonged to an ancient religion whose rituals require the use of bald eagle feathers traveled to an area where bald eagles were known to roost. After searching the area, he found a fallen eagle feather and returned home. A few weeks later, the man showed the feather to an acquaintance, who happened to be a national park ranger, and explained how the feather was obtained. The ranger informed the man that a federal anti-poaching law makes any possession of a bald eagle feather without a special permit a crime. The ranger the cited the man for possession of the feather and confiscated it.
If the man challenges the statute as violative of the Free Exercise Clause of the First Amendment, how should the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.