Wallace v. Jaffree - School Prayer Silent Meditation

Can public schools endorse or encourage prayer if they do so in the context of endorsing and encouraging silent meditation as well? Some Christians thought this would be a good way to smuggle official prayers back into the school day, but courts rejected their arguments and the Supreme Court found the practice unconstitutional. According to the court, such laws have a religious rather than a secular purpose, though all the justices had different opinions as to why exactly the law was invalid.​ Fast Facts: Wallace v. Jaffree Case Argued: Dec. 4, 1984Decision Issued: June 4, 1985Petitioner: George Wallace, Governor of AlabamaRespondent: Ishmael Jaffree, a parent of three students who attended school in the  Mobile County Public School SystemKey Questions: Did Alabama law violate the First Amendments Establishment Clause in endorsing or encouraging prayer in schools if it did so in the context of endorsing and encouraging silent meditation as well?Majority Decision: Justices Stevens, Brennan, Marshall, Blackmun, Powell, OConnorDissenting: Justices Rehnquist, Burger, WhiteRuling: The Supreme Court ruled that an Alabama law providing for a moment of silence was unconstitutional and that Alabamas prayer and meditation statute was not only a deviation from the states duty to maintain absolute neutrality toward religion but was an affirmative endorsement of religion, violating the First Amendment. Background Information At issue was an Alabama law requiring that each school day to  begin with a one minute period of silent meditation or voluntary prayer (the original 1978 law read-only silent meditation, but the words or voluntary prayer were added in 1981). A students parent sued to allege that this law violated the Establishment Clause of the First Amendment because it forced students to pray and basically exposed them to religious indoctrination. The District Court permitted the prayers to continue, but the Court of Appeals ruled that they were unconstitutional, so the state appealed to the Supreme Court. Court Decision With Justice Stevens writing the majority opinion, the Court decided 6-3 that the Alabama law providing for a moment of silence was unconstitutional. The important issue was whether the law was instituted for a religious purpose. Because the only evidence in the record indicated that the words or prayer had been added to the existing statute by amendment for the sole purpose of returning voluntary prayer to the public schools, the Court found that the first prong of the Lemon Test had been violated, i.e., that the statute was invalid as being entirely motivated by a purpose of advancing religion. In Justice OConnors concurring opinion, she refined the endorsement test which she first described in: The endorsement test does not preclude government from acknowledging religion or from taking religion into account in making law and policy. It does preclude government from conveying or attempting to convey a message that religion or a particular religious belief is favored or preferred. Such an endorsement infringes the religious liberty of the nonadherent, for [w]hen the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain.At issue today is whether state moment of silence statutes in general, and Alabamas moment of silence statute in particular, embody an impermissible endorsement of prayer in public schools. [emphasis added] This fact was clear because Alabama already had a law that allowed school days to begin with a moment for silent meditation. The newer law was expanded the existing law by giving it a religious purpose. The Court characterized this legislative attempt to return prayer to the public schools as quite different from merely protecting every students right to engage in voluntary prayer during an appropriate moment of silence during the school day. Significance This decision emphasized the scrutiny the Supreme Court uses when evaluating the constitutionality of government actions. Rather than accept the argument that the inclusion of or voluntary prayer was a minor addition with little practical significance, the intentions of the legislature that passed it was enough to demonstrate its unconstitutionality. One important aspect to this case is that the authors of the majority opinion, two concurring opinions, and all three dissents agreed that a minute of silence at the beginning of each school day would be acceptable. Justice OConnors concurring opinion is notable for its effort to synthesize and refine the Courts Establishment and Free Exercise tests (see also Justices concurring opinion in ). It was here that she first articulated her reasonable observer test: The relevant issue is whether an objective observer, acquainted with the text, legislative history, and implementation of the statute, would perceive it is a state endorsement... Also notable is Justice Rehnquists dissent for its effort to redirect Establishment Clause analysis by abandoning the tripartite test, discarding any requirement that government is neutral between religion and irreligion, and confining the scope to a prohibition on establishing a national church or otherwise favoring one religious group over another. Many conservative Christians today insist that the First Amendment only prohibits the establishment of a national church and Rehnquist clearly bought into that propaganda, but the rest of the court disagreed.

Change Through Thought- American Romantics and Radicals...

Change Through Thought- American Romantics and Radicals Many of the American romantics and radicals seek to inspire change through thought before action. First, Ralph Waldo Emerson promoted his ideas on the importance of nature and self-reliance. Second, Henry David Thoreau demonstrated his ideas on civil disobedience as well as sustainable independent living. Third, Margaret Fuller promoted her ideas of female equality. Fourth, Frederick Douglass showed a side of slavery that had not been seen before. Finally, Walt Whitman’s new style of writing changed writing and perceptions of America. None of these people promoted immediate change. Instead, they all inspired and promoted thought about their various topics, and hoped, through†¦show more content†¦I am the lover of uncontained and immortal beauty (Myerson 127). When one becomes the so-called transparent eye-ball, losing all petty self-centeredness, it is a way to see nature without necessarily interacting with it. You take in everything you see; yet you do not affect nature. You almost become a part of nature. In his essay Self-Reliance, written in 1841, Emerson stresses the importance of the self. Putting heavy emphasis on the individual, he writes: No law can be sacred to me but that of my nature. Good and bad are but names very readily transferable to that or this; the only right is what is after my constitution, the only wrong what is against it. A man is to carry himself in the presence of all opposition, as if every thing were titular and ephemeral but he. I am ashamed to think how easily we capitulate to badges and names, to large societies and dead institutions (Myerson 321). Emerson suggests that people give in too easy to societal and governmental pressures. He wants the individual to be in control of right or wrong based upon his fundamentals. These two writings in particular were revolutionary in the realm of transcendentalism. They inspired people, and they began to think that maybe Emerson’s way of life was better than the one they were living. One person in particular took Emerson’s ideas to heart, and tried to further and improve them. In Thoreau’s account, Walden, heShow MoreRelatedSteven Cranes Role in the Literary Revolution and an Analysis of The Red Badge of Courage1210 Words   |  5 PagesIf it takes a revolutionary to topple the general way of thinking, Stephen Crane is that revolutionary for American literature. The dominant literary movement before Crane’s time, Romanticism, originated in Germany and England as a response to classicism and soon dispersed worldwide. (McKay 766). Romanticism stressed the power of the human conscience and the intensity of emotion. 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The Smoking Age Should Be Legal Drinking Age - 2456 Words

Right to Serve, Not of Age to Drink Before the year 1984 if a person was 18-years-old in the United States, they were once allowed in certain areas to be able to drink. However, after 1984 the Federal Government passed a law that made the whole nation raise the legal drinking age to 21 (Daniloff). From then on there have been two sides arguing this law. One side says that if a person is allowed to vote at the age of 18 they should be allowed to vote. That same side also says that if a person is allowed to join the military at 18, they should be allowed to drink. The other side of the controversy argues that 18 is still a very young age. Because of these disagreements the national drinking age has become a controversial issue. Despite both side arguments, there is common ground between the two sides, particularly in knowing the long term affects drinking has on a person’s body and strict policies on drinking and driving. Even though the two sides may be able to find common ground between this controversial topic , the best way to settle the outcome may be to change the age to 18. At the age of 18 people are given the right to vote and they also have the right to join the military. However, they are not allowed to drink alcohol. These people are giving their lives up but they are not allowed to enjoy a simple drink every once in a while. These people may need to relieve some stress by drinking, but they cannot do that legally for another three years when they turn 21. WhyShow MoreRelatedThe Smoking Age Should Be Legal Drinking Age1517 Words   |  7 Pagesrequiring you to be over the age of 21 to consume alcoholic beverages. This law has proved itself by saving many lives and overall just having a positive outcome in the community. People say that no matter what the age limit is kids will still drink? 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Antonin Dvorak free essay sample

I particularly love the soothing sounds of the instruments and how they all create such a wonderful harmony. Symphony No. 9 is one of my favorites within the genre of classical music. The orchestra did a wonderful job with this piece. I love how they used a mixture of different parts of the orchestra throughout the entire symphony and how it only continued to get better from the start. The piece was very romantic and had a lovely classical tune to it which made the piece easy to listen to. I normally would listen to songs like this has when Im running or studying as classical music helps relaxes me.The piece, which sounds a little similar to Beethovens Symphony, was very upbeat and was never over powering through the entire four movements. The dynamics was to my knowledge Mezzo-Forte that provide a nice rich texture to the song. I truly did not like the narrative piece has I feel it greatly took away from the meaning of the song. We will write a custom essay sample on Antonin Dvorak or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Though enjoy the narration and learning about the history of the song the voice of the narrator was very distracting. Think that a short description before the song or afterwards would suffice but this idea of narrative music opened my mind to a new perspective of how to listen to USIA.I think maybe in a conference setting this may help the audience adapt better to the music. Though as an individual I usually listen to this song as am studying and with my reasoning the voices distract me from concentrating on what I am doing. The stopping and going every so often is a little overkill and doesnt allow you to listening to the whole movement in synchronization. However I must credit the musical narrative that if you knew nothing about the artist or the song it will greatly help you relate more to the song and the artist and the history and context of the period the music came from. Earned a lot about how the composer enjoyed African American music, which explains the use of the drums and a heavier tempo and faster beat to his music.