StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Supreme Court Decision in Edwards v Aguillard - Essay Example

Cite this document
Summary
The paper "The Supreme Court Decision in Edwards v Aguillard" states that in a historical context, the United States Constitution has always been averse to Fundamentalist views supportive of religious literalism and contrary to a liberal scientific temperament…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
The Supreme Court Decision in Edwards v Aguillard
Read Text Preview

Extract of sample "The Supreme Court Decision in Edwards v Aguillard"

Actually, the act endorsed a religious purpose by supporting the existence of a supernatural being responsible for the creation of humanity. In its intent a spirit, the Supreme Court ruling debarred the teaching of theories in Public schools that were least affiliated with a strictly scientific sense of inquiry and amounted to the furthering of a specific religion by the State.

Justice Antonin Scalia dissented in the given case stating that the Act’s stated purpose which is “protecting academic freedom” stood to be a legitimate secular purpose. In another sense, Justice Scalia believed that the considered academic freedom also included within its ambit the students’ right to be exposed to religious views and indoctrination.
The majority opinion seems more to be in consonance with the Supreme Court's interpretation of the Establishment Clause in a historical context. In the light of Engel v. Vitale's (1962) decision, it could be said that the inclusion of such texts, dogmas, practices and theories in the school curricula that adhered to a specific religion amounted to a violation of the Establishment Clause.

However, if one takes into consideration the ruling in Zorach v. Clauson (1952), it could be said that the Supreme Court could have modified its ruling by leaving the study of creationism in Public Schools as an optional choice, subject to the opinions and considerations of the specific students. The ruling in Lemon v. Kurtzman (1971) also supports the Edwards ruling, as the inculcation of religious courses at state expenses amounted to an entanglement between the state and the religion. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Religious Liberty Essay Example | Topics and Well Written Essays - 344 words, n.d.)
Religious Liberty Essay Example | Topics and Well Written Essays - 344 words. Retrieved from https://studentshare.org/law/1619380-religious-liberty
(Religious Liberty Essay Example | Topics and Well Written Essays - 344 Words)
Religious Liberty Essay Example | Topics and Well Written Essays - 344 Words. https://studentshare.org/law/1619380-religious-liberty.
“Religious Liberty Essay Example | Topics and Well Written Essays - 344 Words”, n.d. https://studentshare.org/law/1619380-religious-liberty.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Supreme Court Decision in Edwards v Aguillard

Edwards V. Aguillard

In this particular essay, attention will be focused on a case that was ruled by the supreme court in 1987.... edwards v.... aguillard, 1987 (Evolution vs.... It was between Edwards and aguillard.... Edwards supported the evolution theory while aguillard supported the creation science theory.... By the end of it all, the court had ruled that both creation science and evolution be taught in public schools....
5 Pages (1250 words) Research Paper

The guarantee of freedom of (and from) religion in America

Board Education, the court provided a list of activities that violate the establishment and are prohibited by the First Amendment (National Paralegal College 1.... Name: ... nstructor: ... ourse: ... ate: ... he Guarantee of Freedom of/and from Religion in America ... .... What sort of activity violates the Establishment Clause and what sort of activity violates free exercise clause of the Bill of Rights of our constitution?...
5 Pages (1250 words) Assignment

Freedom of Religion and School Prayer

the supreme court found releasing students from school to participate in religious practices constitutional.... When this case was brought before the supreme court, the law was found unconstitutional under the first amendment because it prohibited "free exercise" of religion.... Vital cause such controversy that the supreme court chose cases that would reinforce and define their original decision.... In 1971, the supreme court devised a test to determine the constitutionality of church v....
7 Pages (1750 words) Essay

Religion and Spirituality

Aguillard: US supreme court decision.... The government can neither promote nor oppose particular religious beliefs or doctrines according to the Constitution as interpreted by the supreme court.... the supreme court has held that instructors may not teach that humans were created by God and must present only scientific explanations for the history of life.... the supreme court agreed in its ruling in the case Santa Fe v.... “edwards v....
5 Pages (1250 words) Essay

The Most Instrumental Amendment in the Bill of Rights

Aguillard: US supreme court decision.... The government can neither promote nor oppose particular religious beliefs or doctrines according to the Constitution as interpreted by the supreme court.... 665 (1972), the supreme court held that reporters did not have a privilege to refuse to answer a grand jury's questions that directly related to criminal conduct that the journalists observed and wrote about” (Goodale, 1997).... “edwards v....
6 Pages (1500 words) Term Paper

The Teaching of Creation in Public Schools Underling Religious Beliefs

Aguillard: US supreme court decision.... the supreme court has held that instructors may not teach that humans were created by God and must present only scientific explanations for the history of life.... the supreme court agreed in its ruling in the case Santa Fe v.... The government can neither promote nor oppose particular religious beliefs or doctrines according to the Constitution as interpreted by the supreme court yet religious zealots unconcerned of the American law or its founding principles continue to push for their agenda to be made into law such as prayer and the Biblical version of creation to be taught in schools....
7 Pages (1750 words) Research Paper

Global Business Law: Analysis of Dallah versus Pakistan Case

the supreme court of the UK had argued that the arbitral tribunal does not have the jurisdiction capacity to award any decision against the Government.... As far as the involvement of the Government in the Agreement was concerned, the supreme court understood that there were quite understandable circumstances[11].... hen Dallah Company appealed in the supreme court of the UK, the appeal was dismissed against the decision of the Court of Appeal....
6 Pages (1500 words) Case Study

There Is No Property in Human Body

the supreme court held that the blood products are goods under the Trade Practices Act 197.... In Roche v, Douglas the court held that the supreme court upheld the testing of the stored tissue of the deceased genes in the case if the share of his estate.... The core issue in the court decision was the implications of the issue from reproductive autonomy.... The Victorian supreme court judge was Gillard J.... n the case Jocelyn edwards; re the state of the late Mark edwards, the clarification on the matter was brought to court as to whether she was entitled to possession of the sperm extracted....
5 Pages (1250 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.
Contact Us