Friday, December 6, 2013

Chapter 14

1.)    Justice Hugo Lafayette Black was a Supreme Court Justice from 1937 until 1971 and was appointed to that position by Franklin D. Roosevelt. Justice Black was a Democrat and represented Alabama in the United States from 1927 until 1937 when he was appointed to the position of Supreme Court Justice.  Black was noted to have been very supportive of civil rights and liberal policies throughout his career as a Senator and a Supreme Court Justice.  One of the biggest most landmark court cases Justice Black heard during his time in the Supreme Court was Engel v. Vitale.  This case dealt with the separation of church and state and public schools beginning the day with a recited prayer.  Justice Black delivered the opinion of the court for this case.  Black wrote that the court had ruled that government written prayers were not to be recited in public schools and were an unconstitutional violation of the establishment clause of the First Amendment. I agree with Justice Black on his stance in this case. I also believe his views on separation of church and state are right and that there should be a strict wall of separation between church and state.
2.)    I believe that judicial review should be exercised regularly. I feel that it is very important for the judiciary system to review laws passed and actions of the other branches of government.  This ensures that the laws passed and actions of the other branches are constitutional and does not impede on the civil liberties and equal rights of all citizens of the United States.  It is the job of the courts to protect us as citizens from unjust laws and practices that may arise within the national or state level governments. 
3.) I believe it is the job of the High Court to interpret the Constitution with the changes happening in society and other instances in mind.  They should treat it as a living Constitution, every growing, every changing, and every evolving.  I believe that the Framers made the Constitution to best fit the times that they were living in and fully anticipated that the Constitution would grow and evolve with the times as they change and progress as well. 

I commented on:
Nathan Tollett
Cassandra Kunsman
Kylie Corrigan

4 comments:

  1. I agree with your answer to question one. I think separation of church and state are important as well. There are so many different religions out there and to have only one recognized in public schools is, in my opinion, unfair and rude towards the people who feel left out. I didn't know Black was in support of separation of church and state! I also agree with your answer to question 3. I pretty much said the same thing. Our society is always changing so I think it's important to change the Constitution along with it. Great response!

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  2. I think it's important for the branches of government to me kept in check but I feel that it judicial review is used to often, some might try to manipulate it to help themselves. I also think that the Framers anticipated the changes that would happen throughout the years so I believe that they would want us to interpret the Constitution in a way that would be practical nowadays.

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  3. I dont really agree with your answer to question number 1. I feel like prayer should be recited in school and it kind of sickens me that they are taking God out of it and trying to remove him from the pledge of allegiance. Prayer was put in school for a reason so I dont really understand why they would remove it. I cant imagine that it would really offend someone because they mention God in the pledge of allegiance. I also believe they should try to stay as close to the constitution as possible. They are obviosely going to have to change and modify some things but I think for the most part they should stick with what they have.

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    1. I understand and respect where you are coming from, because those are your beliefs based off of your religion. With that being said, there is supposed to be no religious influence within our government, and the school systems are a section of our government so therefore religion should not be implemented or taught at the school, if it is this would be a violation of the Constitution. Under God was also not always in our pledge of allegiance, it was not placed there by our forefathers. Under God was not added to the pledge of Allegiance until 1954 by Congress, if we can go all those years without that statement being in there then why add it? This nation was not founded under "God" however it was founded "with liberty and justice for all" but the adding of 'under God" takes away from the 'liberty and justice for all" within our nation and so would mandating a prayer in school, because doing these things we infringe upon other peoples civil rights and liberties who may not believe the same way you do. Not all people believe in Christianity, it is an unfair and inhumane to impose your religion or religious beliefs on another. In this nation we are supposed to have freedom of religion, which gives you the right to practice which ever religion you choose and also gives every other citizen the same right, but by having prayer in schools and even having "under God" in our nations pledge breaches freedom of religion for everyone and the separation of church and state clauses in the First Amendment.

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