Friday, 3/1/19 US Gov (CP)
ANNOUNCEMENTS:
Test Corrections: Come in during lunch M-Th to Ms. Mallen’s room (12L)
HW:
Content Review
WARM-UP INSTRUCTIONS:
Would you kill one person to save 5?
The Trolley Dilemma
How do we address this dilemma?
In groups, come up with a step by step way to solve this dilemma.
Steps to Solving a Dilemma:
Clash of the Clauses
What happens when the Free Exercise Clause (1st Amendment) and the Equal Protection Clause (14th Amendment meet in court?
Does the free exercise clause protect you if your religion prevents you from providing others service?
This is a constitutional dilemma
One part of the Constitution says that you have the right to freely exercise your religion.
However, the 14th Amendment says that people have a right to equal protection under the law.
Which one is “right”?
How can we address this dilemma?
How can we address this dilemma?
Monday, 3/3/19 US Gov (CP)
ANNOUNCEMENTS:
Test Corrections: Come in during lunch M-Th to Ms. Mallen’s room (12L)
HW:
Content Review
WARM-UP INSTRUCTIONS:
With someone next to you, explain the free exercise clause and the equal protection clause.
Does the free exercise clause protect you if your religion prevents you from providing others service?
How can we address this dilemma?
Precedent for the Free Exercise clause
2. In the past, how has SCOTUS defined “compelling state interest”?
Case | Explanation of the Case | Compelling State Interest |
Wisconsin v Yoder | | |
Church of Lukumi Babalu Aye, Inc. v. Hialeah | | |
Is it a violation of the free exercise clause to make amish students go to school past the 8th grade?
Yes - Gov’t has no compelling interest to interfere with Amish practices
Does outlawing ritual animal sacrifice violate the free exercise clause?
Yes - Gov’t has no compelling interest to stop group’s religious practices.
Compelling Interest
“Most governmental regulation, including would be presumed constitutional, but regulation aimed at fundamental rights, the operation of the political process, and disadvantaged minorities must be viewed with more scrutiny and subjected to stricter review.
Regulation vital to the protection of public health and safety, including the regulation of violent crime, the requirements of national security and military necessity, and respect for fundamental rights are examples of compelling governmental interests.”
Precedent for the Equal Protection clause
2. In the past, how has SCOTUS applied the Equal Protection clause in cases?
Case | Question of the Case | Equal Protection |
Brown v. Board of Education |
| |
Obergefell v Hodges | | |
If everyone has access to the same education, can schools be segregated?
No - Separate but equal is not constitutional, everyone is entitled to equal protection under the law.
Do gay people have a right to marry and do all states have to recognize that right to marry?
Yes - People who are LGBTQ have the right to marry and all states must recognize that right legally
Civil Rights Act of 1964 (public accommodation)
TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a place of public accommodation:
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption, including, but not limited to, any such facility located on the premises of any retail establishment.
Masterpiece Cakeshop v. Colorado Civil Rights Commission
Just based on the name of the case, can we predict anything?
Who do you think is going to be arguing in favor of the free exercise clause? the equal protection clause?
Why do you think that?
What is an Amicus Curiae Brief?
Amicus Brief #1
Amicus Brief #2
Religious Groups that “accept same sex marriage as the law of the land”
Tuesday, 3/4/19 US Gov (CP)
ANNOUNCEMENTS:
Test Corrections: Come in during lunch M-Th to Ms. Mallen’s room (12L)
HW:
Content Review
WARM-UP INSTRUCTIONS:
Clash of the Clauses
Fishbowl Discussion
Role #1: You will argue the side of the cakemaker
Role #2: You will argue the side of the couple
Role #3: You are the scorekeeper - you will listen and keep score. You can get point from using evidence from:
Fishbowl Discussion
If the couple must find a new baker, do you see any issues with that? Why or why not?
Fishbowl Discussion
Role #2: You will argue the side of the cakemaker
Role #3: You will argue the side of the couple
Role #1: You are the scorekeeper - you will listen and keep score. You can get point from using evidence from:
Fishbowl Discussion
How do previous cases (precedent) help the side of the baker? How does precedent help the couple?
Fishbowl Discussion
Role #3: You will argue the side of the cakemaker
Role #1: You will argue the side of the couple
Role #2: You are the scorekeeper - you will listen and keep score. You can get point from using evidence from:
Your Task:
Does the state have compelling interest to stop someone from denying service to a specific group of people based on religious beliefs? Why or why not?
Wednesday, 3/4/19 US Gov (CP)
ANNOUNCEMENTS:
UNIT TEST: Thursday, 3/14
HW:
Content Review
WARM-UP INSTRUCTIONS:
Clash of the Clauses
Brainstorm
Arguments for the Masterpiece Cakeshop
Arguments for the Colorado Civil Rights Commission
Writing a Claim...
How do we write a claim?
Peer Review
When looking at paragraphs:
Is the claim clear?
Is the evidence relevant?
Is the evidence explained in detail?
Are the details accurate?
Your Task:
You will write an Amicus Curiae Brief to the SCOTUS. Using evidence, you will need to justify why you believe the court should side with either the Free Exercise Clause OR the Equal Protection Clause.
Your evidence needs to come from the Amicus Curiae briefs, precedent (related supreme court cases) compelling interest, or laws (Civil Rights Act of 1964).
Your brief should include