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Questions and Answers: Constitutional Issues

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Essay / Research Paper Abstract

This 4 page paper answers questions posed by a student in respect to material found in Burns' Government by the People. The issues relate to the rights and freedoms of the American people. Issues include security, the first amendment, and affirmative action. No additional sources cited.

Page Count:

4 pages (~225 words per page)

File: RT13_SA517QaA.rtf

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Unformatted sample text from the term paper:

which activities or actions are not protected. Give examples of Supreme Court cases involving each of these clauses. The first amendment is one that allows for rights that go to freedom of speech. It is also the amendment that protects the individuals ability to separate church from state and provides a way for people to carve out a space related to the practicing of their religion of choice. Within the first Amendment, there are different parts or clauses which make these guarantees. The establishment clause of the First Amendment contends that churches have a right to exist and that those sworn into office would have to uphold those churches (Burns, 2003). The free exercise clause of the First Amendment holds the right to have a religion, or not to have one as a fundamental right (2003). Emerson v. Board of Education at Ewing suggests that the establishment clause puts up a wall between church and state (Burns, 2003). Employment Division v. Smith was a 1990 case that tested the boundaries of the free exercise clause (2003). It essentially overrides consideration of religious minorities (2003). The separation of church and state is in fact a key issue in school systems as well as other venues. Schools are notoriously at odds. What occurs sometimes is that religious groups object to scientific teachings and they want Creationism taught as a science. This to some extent is seen as impeding the notion of the prescribed separation of church and state. Not all speech is however protected. Any religious allowance that will do harm to others is not permitted under the protection. 2. Describe how the Supreme Court arrived at its constitutional definition of the right of privacy. Include citations from important cases in the issue. While it is ...

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