Government II Flashcards

1
Q

Thomas Jefferson talked a lot about how there needs to be a clearly defined separation between church and state.
T or F

A

True

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2
Q

James Madison stated that the law made should not regulate religious beliefs.
T or F

A

True

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3
Q

Did the Religious Freedom Restoration Act of 1992 (RFRA) permits
the US Department of Health and Human Services (HHS) to demand that three
closely held corporations provide health insurance coverage for methods of
contraception that violate the sincerely held religious beliefs of the companies’
owners?

A

No. HHS regulations violate RFRA because they substantially burden the
religious free exercise of company owners. Even though HHS mandates serve a
compelling government interest, it does not do so in the least restrictive way

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4
Q

What did Justice Ginsberg say in her descent when talking about the Burwell case?

A

–That commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.
-Compelling governmental interests in uniform compliance with the law.
-Disadvantages that religion-based optouts impose on others, hold no sway, the Court decides, at least when there is a “less restrictive alternative.”

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5
Q

What was the ruling in the Burwell v. Hobby Lobby Stores?

A

HHS regulations violate RFRA because they substantially burden the religious free exercise of company owners

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6
Q

Madison had a long list of why congress should not support Henrys tax-supported religious instruction for Virginians.
T or F

A

True

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7
Q

Does the inclusion of clergy who offer prayers at official public school
ceremonies violate the Establishment Clause of the First Amendment, in the Lee v Weisman case?

A

Yes
Kennedy first argues that the government involvement in the religious activity is pervasive, “to the point of creating a state sponsored and state directed religious exercise in a public school.”
Kennedy argues next that the free exercise clause does not supersede the limitations imposed by the establishment clause.

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8
Q

In “Letter to the Danbury Baptists,” Jefferson primarily emphasized the importance of government interference in religious matters and advocated for a closer relationship between church and state. T or F

A

False. Jefferson emphasized the need for a separation between church and state, arguing against government interference in religious matters. He advocated for the protection of individual freedom of conscience and religion.

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9
Q

Two different points of view that you can take as you look at the Establishment Clause, according to the Podcast.

A

Nonpreferentialism and Accommodationists

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10
Q

The Court relied upon the intention of what Congressional act when they decided on the Burwell v. Hobby Lobby?

A

Religious Freedom Restoration Act of 1992 (RFRA)

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11
Q

The Church of England, the established church of the Virginia colony, could rely upon the civil authority to enforce its privileges, practices, and doctrine. Which led to the intolerance of other Christian denominations by enacting laws that regulated religious belief and practice.
T or F

A

True

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12
Q

The Supreme Court’s decision in Lee v. Weisman established a precedent that allows for the inclusion of religious activities in all public school events.
T or F

A

False. The decision did not establish a precedent for the inclusion of religious activities in all public school events. Instead, it affirmed the principle that school-sponsored prayers at graduation ceremonies are impermissible due to the coercion involved.

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13
Q

In Memorial and Remonstrance , what specific concern does Madison express regarding the proposed tax for religious assessments?

A

Madison argues that the fundamental right of religious freedom is threatened by government involvement in religious matters.

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14
Q

What was the main constitutional issue in Lee v. Weisman?

A

The main constitutional issue in Lee v. Weisman was whether the inclusion of clergy-led prayer at a public school graduation ceremony violated the First Amendment’s Establishment Clause.

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15
Q

What was the central issue in Burwell v. Hobby Lobby Stores?

A

The central issue in Burwell v. Hobby Lobby Stores was whether closely-held corporations could be exempt from a federal regulation requiring employer-provided health insurance plans to cover certain contraceptive methods, based on the religious objections of the company’s owners.

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16
Q

How did Thomas Jefferson feel about the establishment clause?

A

Jefferson’s views on the Establishment Clause were rooted in his commitment to individual liberty, religious pluralism, and the idea that government should not favor or establish any particular religion. His emphasis on the separation of church and state has had a lasting influence on constitutional interpretation and discussions surrounding religious freedom in the United States.

17
Q

How did the Court distinguish Lee v. Weisman from the earlier case of Marsh v. Chambers (1983), which upheld legislative prayer?

A

The Court distinguished Lee v. Weisman from Marsh v. Chambers by emphasizing the coercive nature of the graduation ceremony setting, where students may feel pressure to participate, as opposed to the more voluntary nature of legislative prayer in Marsh.

18
Q

Did the Supreme Court’s decision in Lee v. Weisman establish a precedent regarding prayer at public school events?

A

Yes, the decision in Lee v. Weisman established a precedent that limited the inclusion of prayer or religious activities in public school-sponsored events, particularly when such activities are coercive or represent state endorsement of religion.

19
Q

How did dissenting justices in Burwell v. Hobby Lobby Stores argue against the majority opinion?

A

The dissenting justices argued that the majority’s decision could have broader implications, potentially allowing corporations to use religious objections to opt-out of other legal requirements, and that it prioritized the religious beliefs of employers over the health care choices of employees.