Ten Commandments case of Stone v. Graham - Essay Example

Being an American individual does not necessarily mean that you are of white, black, red, brown, or yellow complexion, which signify race. The term "American" has no racial insinuations for virtually all Americans trace their roots from distinct nationalities, races and ethnic groups and this complication alone can cause innumerable perplexed things. "A Kentucky statute requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public school classroom in the State has no secular legislative purpose, and therefore is unconstitutional as violating the Establishment Clause of the First Amendment.

While the state legislature required the notation in small print at the bottom of each display that "[t]he secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States," such an "avowed" secular purpose is not sufficient to avoid conflict with the First Amendment. The pre-eminent purpose of posting the Ten Commandments, which do not confine themselves to arguably secular matters, is plainly religious in nature, and the posting serves no constitutional educational function. Cf. Abington School District v.

Schempp, 374 U.S. 203 . That the posted copies are financed by voluntary private contributions is immaterial, for the mere posting under the auspices of the legislature provides the official support of the state government that the Establishment Clause prohibits. Nor is it significant that the Ten Commandments are merely posted rather than read aloud, for it is no defense to urge that the religious practices may be relatively minor encroachments on the First Amendment (STONE v. GRAHAM, 449 U.S. 39 (1980).

But because of the fact that America had evolved into its present status, all sorts of studies need to be carried out for the purpose of solving the problem. From there, it is apparent that America is the melting pot of the whole world, the New World, seen by the rest of the world as the land of opportunity, the land of the free, the green pastures, and the crossroads where virtually all nationalities and races meet. This problem would not have aroused studies and researches a few centuries ago.

This study would not have been conducted in other countries because almost all the world's countries and their people possess unifying attributes that make them distinct and unmistakable for any other nationality, race, culture and language. "Many hold the Ten Commandments as a cornerstone of Western civilization and the basis for the U.S. legal system. Similarly, the Court repeatedly recognized the substantial contributions religion made to historical events and social trends in the United States.

Even the majority in Abington, which prohibited the daily reading of Bible verses in a public school, asserted that a student not exposed to religious ideas and texts would receive a less than full education by leaving them ignorant of the importance of religion in U.S. history "(Stone v. Graham - Further Readings). Only America possesses the probability of encountering this problem because of countless causes - immigration, preservation of heritage of immigrants, racial and ethnic differences, and cultural differences to name a few.

In response to the growing public sentiment of the early 1990s, President Bill Clinton issued a Memorandum on Religious Expression in the Public Schools in July of 1995. The document recognized the role of religion and religious institutions in the history of the United States and asserted that "the First Amendment permits--and protects--a greater degree of religious expression in public schools than many Americans may now understand." The Clinton memorandumoutlined several principles to guide public school districts in accommodating religious activity in schools.

In support of curricula using religious material in the classroom, the 1995 Clinton memorandum stipulated that though "[p]ublic schools may not provide religious instruction, . . . they may teach about religion"(emphasis not added). Curriculum examples included history of religion, comparative religion, Bible-as-literature, and the role of religion in the history of the United States (Stone v. Graham - Further Readings). A changing society creates ethical problems for people and criminal justice.

This is because they feel that the moral standards in America have fallen below the norms of the past. Rapid social change could be a reason why norms have dropped (Ramirez 2006). The First Amendment is effective because as a society, people need structure and the court system should have that empowerment over certain situations so that they can feel a little imitation when they are faced by them. The justice system can be more effective because people are extremely self-aware when being watched and will behave when they know they are being indirectly controlled.

From there, knowledge is power and power is made for the police in order to have structure in prisons and society.Ramirex, Al. (2006). Ethical Issues in Criminal Justice Administration. Retrieved December 22, 2008, from http://www.flsheriffs.org/content/44/File/Ethical_Ramirez.pdf(1980). Stone v. Graham - Further Readings. Retrieved December 22, 2008, from http://law.jrank.org/pages/12581/Stone-v-Graham.html (1980). STONE v. GRAHAM, 449 U.S. 39 Retrieved December 22, 2008, from http://caselaw.lp.findlaw.

com/scripts/getcase.plcourt=US&vol=449&invol=39 (1971). Lemon v. Kurtzman, 403 U.S. 602