Teaching Problem Solving (TIPS) through Educational Technology Interdisciplinary

By

William E. Mulqueen

May 16 & 17, 2000

Amendment I

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 peaceably to assemble, and to petition the government for a redress of grievances.

INTRODUCTION:

We will be researching the issue of Freedom of Religion as it relates to the First Amendment and we will be using Supreme Court Cases as examples of how government decides what is fair.

The Complete First Amendment is printed above. In one sentence, its writers established the legality of four of our most prized and basic freedoms. However, the specific interpretation of how these are to be worked out in context was left open ended.

Meeting the Standards OF NEW YORK STATE

1. Standard 5.1 The study of civics, citizenship, and government involves learning about political systems; the purposes of government and civic life; and the differing assumptions held by people across time and place regarding power, authority, governance, and law.

2. The state and federal governments established by the Constitutions of the United States and the State of New York embody basic civic values (such as justice, honesty, self-discipline, due process, equality, majority rule with respect for minority rights, and respect for self, others and property), principles, and practices and establish a system of shared and limited government

(Adapted from The National Standards for Civics and Government, 1994)

TASK:

Your task will be to work as a group and review a variety of Supreme Court Cases. To be successful in this task you will research one of two aspects of Freedom of Religion and, in a well-written position paper, be able to explain the meaning of the First Amendment. Finally, you and your group will present your position to the entire class and defend your position by answering questions from the audience.

Learning Advice 1

Questions to consider about the role of government and our freedom of expression:

1. Does Government have the right to limit your freedom of expression when it comes to your religious beliefs?

2. Does Government have the right to exclude prayer in public school?

Learning Advice 2

A. Before you begin your research on the First Amendment it would be good to note that the First Amendment is a complicated sentence. To interpret it, define the following key words:

1. Establishment:

2. Prohibiting:

3. Thereof:

4. Abridging:

5. Petition:

6. Redress:

7. Grievance:

B. Once you have defined the key words, you are ready to attack the meaning of the Amendment. The first section of the article contains references to two different aspects of religious freedom: what are they?

C. Which section makes it unconstitutional for the United States to have a national religion? (Quote the words directly).

INTERNET RESOURCES

The following are examples of Supreme Court Cases. For more examples of these cases go to the “TIPS’ Web Site

http://www.maxwell.syr.edu/plegal/tips/conlaw.html

For additional teacher and student educational resources go to:

http://www.maxwell.syr.edu/plegal/related.html

For Teacher and Student Tutorials getting help using computer technology

http://www.maxwell.syr.edu/plegal/tips/tutorials.html

Examples of Supreme Court Cases

FREEDOM OF EXPRESSION

Reynolds v. U.S. (1878)

In the 1870s in the territory that is now the state of Utah, the Mormons practiced polygamy (multiple spouses). The federal government enacted a law in which made bigamy a crime. A Mormon (Reynolds) complained that polygamy was part of their religious duty.

Wisconsin v. Yoder (1972)

Wisconsin has a law, which makes it mandatory (required) for all children to attend school up until the age of 16. An Amish father does not want his sons to attend school even though they are only 14 and 15 years old. He argues that the Amish informally educate their children through farming and other rural activities. Yoder argued that compulsory high school education was at odds with his religious beliefs.

Church of Lukumi Babalu Aye v. Hialeah (1993)

When the Hialeah city council heard of plans to open a Santeria church in their city they held an emergency meeting. The Santeria religion, a blending of African and Roman Catholic religions, practices animal sacrifice during some ceremonies. The council enacted an ordinance prohibiting animal sacrifice but exempted the killing of animals in properly zoned and licensed establishments and when the animals involved were raised for food purposes. Those who killed hogs or cattle in small numbers for sale each week (farmers) were exempted. Claiming that the law violated the First Amendment right to the free exercise of religion, the church filed for injunctive and monetary relief in the US District Court. The Court ruled for the city expressing the view that (1) although the ordinance was not religiously neutral, its effect on the church was incidental to the law's secular purpose and effect; (2) the ordinances were justified by the city's compelling interests in preventing health risks, emotional injury to children, preventing unnecessary cruelty to animals and (3) any more narrow restrictions would be unenforceable because of Santeria's secret nature. The Court of Appeals upheld the decision.

SCHOOL PRAYER

Engel v. Vitale, (1962)

Because of the prohibition of the First Amendment against the enactment of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, state officials may not compose an official state prayer and require that it be recited in the public schools of the State at the beginning of each school day -- even if the prayer is denominationally neutral and pupils who wish to do so may remain silent or be excused from the room while the prayer is being recited.

Illinois ex rel. McCollum v. Board of Education of School (1948)

With the permission of a board of education, granted under its general supervisory powers over the use of public school buildings, religious teachers, employed subject to the approval and supervision of the superintendent of schools by a private religious group including representatives of the Catholic, Protestant and Jewish faiths, gave religious instruction in public school buildings once each week. Pupils whose parents so requested were excused from their secular classes during the periods of religious instruction and were required to attend the religious classes; but other pupils were not released from their public school duties, which were compulsory under state law. A resident and taxpayer of the school district whose child was enrolled in the public schools sued in a state court for a writ of mandamus requiring the board of education to terminate this practice.

School District of Abington Township, Pennsylvania v. Schempp, (1963)

Because of the prohibition of the First Amendment against the enactment by Congress of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, no state law or school board may require that passages from the Bible be read or that the Lord's Prayer be recited in the public schools of a State at the beginning of each school day -- even if individual students may be excused from attending or participating in such exercises upon written request of their parents.

Learning Advice 3

The following is a list of quotes that may or may not apply to your position on the issue of the First Amendment and Religious Freedom. Read through these quotations and note any that you strongly agree with and those you do not agree with. In your position paper try to use the quote you strongly agree with to support your position.

Quotations about Religion and Freedom and Expression

"We must respect the other fellow's religion, but only in the sense and to the extent that we respect his theory that his wife is beautiful and his children smart."
-H. L. Mencken

...It does me no injury for my neighbor to say there are twenty gods or no god. It neither picks my pocket, nor breaks my leg.

 - Thomas Jefferson

It is in our lives and not our words that our religion must be read. - Thomas Jefferson

Difference of opinion is helpful in religion.

 - Thomas Jefferson

I have ever judged of the religion of others by their lives. For it is in our lives, and not from our works, that our religion must be read.

 - Thomas Jefferson

Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church and State. 

- Thomas Jefferson, letter to Connecticut Baptists

When we lose the right to be different, we lose the privilege to be free.
  -- Charles Evans Hughes

Freedom is nothing else but a chance to be better.
- Albert Camus

Many have quarreled about religion that never practiced it.
  -- Benjamin Franklin

All religions must be tolerated, for every man must get to heaven in his own way.
-- Frederick the Great

Liberty is always unfinished business.
-- American Civil Liberties Union (ACLU)

PROCESS

A. Group Process/ Team Process

1. You will be placed in groups of 4 or 5 individuals

2. Your group will be responsible for the following:

a. Facilitator = responsible for setting up the team’s space

b. Secretary = responsible for maintaining all team paper work including attendance

c. Team Leader = coordinates the days work with the teacher and team members

d. Alternate Team Leader = substitutes for any of the above in case of absence.

B. Team/group Responsibilities

1. Using the “TIPS” Internet Resource Site your group will conduct a preliminary search of the cases involving freedom of religion.

2. Your team may research other sites found in the “TIPS” resource site i.e.:

- Find Law = http://www.findlaw.com/casecode/supreme.html

- Historic Supreme Court Cases = http://supct.law.cornell.edu/supct/cases/historic.ht

3. Individual team members should bookmark and share any web sites that are important to the group.

4. All team members will take an active role in this Quest and all will receive a Team Grade as well as an Individual grade

EVALUATION

Each Student will be responsible for writing a 500 to 750 word Essay taking a position on one of the aspects of freedom of religion and the First Amendment. The Due Date for this part of the evaluation is _____________.

Each Team/group will present their Team Position to the entire class. The class will have an opportunity to ask questions of the team presenting.

Your grade will be based on the following:

1. Team participation = 25%

2. Essay = 40%

3. Team Presentation = 25%

4. Attendance = 10%

100%