Lemon Vs Kurtzman Case Analysis

In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4. The court noted that the material that Miller distributed by Miller was not protected under the first Amendment. The court said that the materials Miller distributed were offensive to people, therefore violates the California Statute. (“Miller v. California.")This is a similar argument that is used

Wouldn 't it be wonderful to live in a perfect world? Well it 's not one. This world has this history that is not perfect. There were wars, flames and much more, but the worst of all would have to be racism and the inequality we had just because the color of one 's skin. In the past, we have done things to people that were not fair or right just because their skin was different. They would have two different water fountains, for white people and one for black people. There were as well two different schools and restaurants for black and white. The Supreme Court has impacted many people 's decisions : Shelly vs. kraemer, brown vs. bored of education, loving vs. Virginia.

The case Furman v Georgia made it all the to the supreme court because it would affect the way the whole country delivered punishment. Although it surprised many people that it made it that far because most people were for capital punishment. Michael Meltsner said,”Georgia was a shock. Before LDF's anti-capital punishment campaign, there had been no successful court challenge of the death penalty — even when it had been handed down in a blatantly racist or totally arbitrary manner” (www.michealmeltsner.com/interview.html).

This case concerns Bible reading in the public schools of Pennsylvania. When the students who attended arrived for school, they were required to read at least ten verses from the Bible. After that, they were required to recite the Lord’s Prayer. The only way to avoid these activities was written note from the parents. The United States Supreme Court favored Schempp and declared this Bible reading to be unconstitutional.

On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend.VIII.) The Supreme Court ruled that it did not violate the eighth amendment and was constitutional. This brings up the question “Was the case properly determined by the Supreme Court or should it be Congress to decide?”

In the first Amendment it says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The government allows multiple different religions in the U.S. The U.S government doesn’t tolerate religious actions that may be going against the law. Over time there are many different court cases that were coming up, which made it harder to determine the verdict for each case. The government decided to use the Sherbert test to resolve this issue. The Sherbert test has to have a compelling state interest for the law and the law is the least restrictive means of advancing the CSI.

McCulloch v. Maryland was a supreme court case held back in 1819 concerning the topic of national bank and taxation. This court was like many more that came before it and after it as it was the national government and states government arguing in front of the supreme court. The bank was a national bank created in Maryland being the second ever created national bank. The case all took course after Maryland the state questioned the power of Congress being able to create a national bank. Then the state of Maryland imposed a tax on all branches of bank not “chartered by the legislature.” This tax was aimed directly at the national bank as they were the only bank not charted the tax was a 15,000 dollar annual fee. The McCulloch

A group takes a stand against the merging of church and school, in the Engel vs. Vitale court case, causing an outrage among the population of America. The Engel vs. Vitale court case was seen as a landmark in U.S Supreme Court cases, due to the case causing a significant disturbance in America, that ruled school-sponsored prayers to be in violation of The Establishment Clause of the First Amendment. The U.S Supreme Court is known as the highest federal court in the United States, which also means that the Engel vs. Vitale court case had to have been heard at least one other time before reaching the Supreme Court. In the Supreme Court case, Engel vs. Vitale, a group of parents sued their children’s public school due to a New York State law

Clarence Earl Gideon is a simple 8th grade education type of man, who lives in a hotel

In January 1942, the West Virginia Board of Education adopted a resolution to enforce every student and teacher to a pledge of allegiances of the nation’s flag. If anyone refused to honor the flag he or she would be found “insubordinate” and expelled from school. The Barnett sisters were Jehovah’s Witnesses who refused to pledge of allegiances while in public school. Their father would not allow them to salute the flag. Because it violated their religious of the garden image that the only thing to be worshiped was God. Barnette brought suit in the Supreme Court. In a 6-3 decision, the Supreme Court overruled its decision Minersville School District vs Gobitis and held that it is unconstitutional. Denial of the First Amendment and the Fourteenth

Edwards v. Aguillard is a supreme court case that challenges the legality of the Creationism Law. The creationism law said that you didn’t have to teach evolution,but if you did you also had to teach creationism. The law was ruled unconstitutional in a federal court and then an appeals court. It was then moved to the supreme court, the supreme court ruled in a 7-2 decision that the law broke the establishment clause and therefore was unconstitutional.(Gordon)

The Supreme Court Case Lemon V. Kurtzman challenged the importance of separation of church and state creating a stricter code in order to maintain equality regarding religious freedom. Alton Toussaint Lemon was born October 19th, 1928 in McDonough Georgia. A Pennsylvania instructor and father of a public school student, he also worked as a social worker. Civil rights activist, he lead as plaintiff in the case. Lemon worked as an Equal Opportunity officer for the U.S. Department of Energy and was on the board of the Parents Union for Public Schools. David Kurtzman, working for Pennsylvania's Nonpublic Elementary fought as defendant. The superintendent of the Department of Public Instruction in State of Pennsylvania was to

In 1950’s many lawsuits were filed in Kansas, South Carolina, Virginia, Delaware and the District of Columbia on the same struggle of African American elementary school students who attended segregated schools. Despite differing somewhat in the details, all alleged a violation of the equal protection clause of the 14th Amendment.

This case took place in Kansas during the 1950s after Plessy’s case was settled. Although the separate but equal act was enforced, schools were still segregated in America. Linda brown and her sister were elementary school students. To get to their bus in the morning, they had to walk through a highly dangerous railroad. Linda was forced to go to a dangerous all-black school that was far from her house rather than a nice white school that was close. Throughout Lindas education, she brought her parents to believe that the segregated schools are a violation to the 14th amendment. The family took their case to court and initially the court believed that segregated schools was harmful for black children, however they were justifying it by saying that since the separate schools had similar buildings, transportation etc. Segregation would continue to be legal in America. Linda and her family were still not satisfied with this result so they took their case to the Supreme Court. According to the Landmark cases, the Supreme Court states, “In a unanimous decision, the Supreme Court ruled in favor of Brown.  The Court found the practice of segregation unconstitutional and refused to apply its decision in Plessy v. Ferguson to “the field of public education.”  Chief Justice Earl Warren wrote the opinion for the Court.” Linda and her family won their case and changed

The Supreme Court case, Engel v. Vitale, was an extremely controversial case that directly dealt with the First Amendment. Engel v. Vitale was such a controversial case that it has opened the doorway for other cases dealing with church and state. This Court case established a separation between church and state.