#5 - The Supreme Court
star
star
star
star
star
Last updated almost 3 years ago
8 questions
"EQUAL JUSTICE UNDER LAW" - These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight (28 U. S. C. §1). Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate.
Required
1
What phrase is found above the main entrance to the Supreme Court Building in Washington DC? _______ _______ _______ _______
Required
1
The Supreme Court is considered both the _______ and _______ of the Constitution, which means that it is the job of the Supreme Court to make sure we are all following its guidelines.
Required
1
The Supreme Court currently consists of one Chief Justice and how many associate justices?
The Supreme Court currently consists of one Chief Justice and how many associate justices?
Required
1
Who has the power to nominate Supreme Court justices?
Who has the power to nominate Supreme Court justices?
Kennedy v. Bremerton School District
Facts of the Case
Joseph Kennedy, a high school football coach, engaged in prayer with a number of students during and after school games. His employer, the Bremerton School District, asked that he discontinue the practice in order to protect the school from a lawsuit based on violation of the Establishment Clause. Kennedy refused and instead rallied local and national television, print media, and social media to support him.
Kennedy sued the school district for violating his rights under the First Amendment and Title VII of the Civil Rights Act of 1964. The district court held that because the school district suspended him solely because of the risk of constitutional liability associated with his religious conduct, its actions were justified. Kennedy appealed, and the U.S. Court of Appeals for the Ninth Circuit affirmed.
Required
1
The Establishment Clause says that no government organizations (including school districts) can establish an official religion or force people to take part in religious activities. Why would Kennedy v Bremerton be considered a case that involves the Establishment Clause?
The Establishment Clause says that no government organizations (including school districts) can establish an official religion or force people to take part in religious activities. Why would Kennedy v Bremerton be considered a case that involves the Establishment Clause?
Required
1
Which amendment did Joseph Kennedy (the football coach) say was being violated when he was told that he could not engage in prayer with students?
Which amendment did Joseph Kennedy (the football coach) say was being violated when he was told that he could not engage in prayer with students?
Kennedy v. Bremerton School District
Question
Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?
Required
1
Which of the following is the best explanation of the "question" that the Supreme Court was charged with answering in this case?
Which of the following is the best explanation of the "question" that the Supreme Court was charged with answering in this case?
Kennedy v. Bremerton School District
The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. Justice Neil Gorsuch authored the majority opinion of the Court.
The District disciplined Coach Kennedy after three games in October 2015, in which he “pray[ed] quietly without his students.” In forbidding Mr. Kennedy’s prayers, the District sought to restrict his actions because of their religious character, thereby burdening his right to free exercise. As to his free speech claim, the timing and circumstances of Kennedy’s prayers—during the postgame period when coaches were free to attend briefly to personal matters and students were engaged in other activities—confirm that Kennedy did not offer his prayers while acting within the scope of his duties as a coach. The District cannot show that its prohibition of Kennedy’s prayer serves a compelling purpose and is narrowly tailored to achieving that purpose.
The Court’s Lemon test, and the related endorsement test, are “abandoned,” replaced by a consideration of “historical practices and understandings.” Applying that test, there is no conflict between the constitutional commands of the First Amendment in this case.
Justices Clarence Thomas and Samuel Alito filed concurring opinions.
Justice Sonia Sotomayor filed a dissenting opinion, in which Justices Stephen Breyer and Elena Kagan joined.
Required
1
See if you can figure out what the Supreme Court actually ruled on this case. Was the school right or wrong when they told the coach he could not engage in prayer after the game?
See if you can figure out what the Supreme Court actually ruled on this case. Was the school right or wrong when they told the coach he could not engage in prayer after the game?