Nobody downloaded yet

Majority Opinion - Essay Example

Comments (0) Cite this document
Majority opinion Date Majority opinion The majority opinion, as held by Chief Judge Lively is an issue of high contention. There appears to be a misinterpretation by the plaintiffs over the intentions of having all the students read collectively from the same series of books…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.9% of users find it useful
Majority Opinion Essay
Read TextPreview

Extract of sample
"Majority Opinion"

Download file to see previous pages Since there was no evidence to the effect that students were required to profess the religious views presented in the books, then the plaintiffs in this case had no good basis of claiming that the requirement to read from the books amounted to the violation of the constitutional rights of the students and their parents. The basis that would well serve to make the requirement unconstitutional is if the students were compelled to do something that is against their religious belief, such as profess the religious views presented by the books (Shelly, 1994). The students were not required by any means to affirm the religious views presented or even practice such views. There was an assumption on the sides of the plaintiff that having the religious vies which was in contrast to their own belief presented in the form of poetry or fiction, entitled the children to believe in them. To indicate lack of consistency in the arguments presented by the plaintiff, one of them, Mrs. Frost held that it was all right to have their children taught other religions and philosophies, as long as such teachings did not undermine her religious beliefs, or the children had to be instructed on the error of the other religion (Fish, 1999). This serves to show that the plaintiffs believed their religion was the only one acceptable and thus, could be taught without the indication of its errors, while the other religions and philosophies had to underline this fact. This is an erroneous view of the intentions of the education system, in that it seeks to create wider knowledge, and thus cannot be limited to one religion. Another major aspect that offers a support for the majority opinion by chief judge Lively is the fact that there appears an observed tendency of the plaintiff to interpret virtually everything theologically (Suber, 1987). Mrs. Frost holds that everything have to be interpreted in the Biblical perspective, arguing that there is no possible way, in which issues such as evolution and telepathy could be taught, without violating her religious beliefs. In the plaintiffs’ assumption, every issue has to be presented either in a way supporting or contrasting the Biblical perspective. Such an assumption is erroneous, in that in teaching, the issues can be presented in a neutral way, where the interpretation is left to the individual students to make, based on their beliefs (Fish, 1999). Thus according to the plaintiffs, certain subjects had to be done away with in order to satisfy their religious perspective. However, this would be a violation of the constitutional requirements, in that it would amount to aligning the school curricular towards a certain religious perspective, which is prohibited by the constitution. The reference of the court to two cases of precedence was erroneous. To support this opinion by chief judge Lively, in the case of Ms. Sherbert and that of Mr. Thomas as referred to by the court, there were some elements of compulsion (Shelly, 1994). In both of these cases, the individuals were compelled to do things that were contrary to their religious beliefs. Thus, the act of the court to construe the elements of the two cases to mean similar to those of this case is erroneous, since there is no evidence of the plaintiffs being compelled to do anything that is contrary to their religious beliefs. In agreement with this opinion, judge Kennedy held that there lacked unconstitutional burden in this case, as ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Majority Opinion Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/history/1448646-critically-assess-the-majority-opinion-by-chief
(Majority Opinion Essay Example | Topics and Well Written Essays - 1500 Words)
“Majority Opinion Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/history/1448646-critically-assess-the-majority-opinion-by-chief.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Law v.s. Opinion
At the same time, many innocent people have been convicted for crimes they didn't commit, simply because they were unable to afford reasonable representation. This essay attempts to clarify the vague discrepancies between law and opinion. Pierre Bourdieu is a highly acclaimed French sociologist.
5 Pages(1250 words)Essay
Majority opinion: Cloning case
On the other hand, Smith asserts his civil liberties under the U.S constitution override this vague law. This paper places this scenario within the legal and constitutional context. Arguments in favor of Smith California passed a law prohibiting human cloning in 1997.
3 Pages(750 words)Essay
Electronic Chip Surveillance
The government argued that the Fourth Amendment should not be applied in the case since the defendant was traveling on public streets. Nevertheless, the technology was of an intrusive nature and tracking a person over a period revealed a lot of personal information; thus, violated the defendant’s right to privacy.
3 Pages(750 words)Essay
Economic opinion essay
When Martial Law however set in 1972, the downward spiral begun where corruption became institutionalized and power concentrated on political dynasties and oligarchs. Almost all aspect of
2 Pages(500 words)Essay
Public Opinion Essay
4. Public opinion is media and elite opinions. (i.e., public opinion is the creation of elite and social leaders, the projection of what journalists, politicians, pollsters, and other "elites" believe). Additionally, it is worth exploring how early focus, flawed polls, and a forgiving and forgetful public play a role.
5 Pages(1250 words)Essay
Majority Rule and Minority Rights Essay
On the other hand, the United States of America Constitution characterize minorities clearly too either be a product of culture, religion, topography, and earnings, otherwise those who suffered political or election defeat. These categories of people were provided the fundamental rights that all the other citizens enjoy.
2 Pages(500 words)Essay
Group minds by Doris Lessing (summarize)
According to Doris, it is very difficult (in fact almost impossible) for a person to stand against the idea or opinion of the majority of a group even if the idea or
1 Pages(250 words)Essay
It is unnecessary for English learners to become perfect speakers of the language, as the majority of them will be interacting with and doing business with other second language speakers. To what extent do you agree or disagree with this opinion
One definitely agrees with the stated opinion. The rationales for one’s agreement range from the purposes of learning a second language and the factors that contribute to learning a second language with proficiency and maximized ability. Arguments for
2 Pages(500 words)Essay
Opinion Essay
me before entering Hudson’s place and the consequent violation the known-and-announce rule on the part of the police, it is imperative the fundamental reasons for which the knock-and-announce rule was made are taken into consideration. The knock-and-announce rule was made to
2 Pages(500 words)Essay
Roe v. Wade, 410 US 113 (1973) (opinion of Blackmun, writing for the majority, parts 5 11 or V XI )
Justice Harry Blackmun reasoned that the state often increases its prenatal life concern as the pregnancy advances. The state may forbid abortion during the third trimester of the pregnancy, but still Harry argues that any woman is entitled to abort freely if she had
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Majority Opinion Essay for FREE!
logo footer
Contact us:
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us