First Amendment Free Response Assignment Handout.docx
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School
University of Southern California *
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Course
409
Subject
Philosophy
Date
Apr 3, 2024
Type
Pages
2
Uploaded by ChefWaterBuffaloPerson3907
Student Name: Mahit Alaparthi
First Amendment Free Response Style Question Assignment Utilize the course content pages, e-text, your research, and the resources found on the submission page
to complete this assignment.
Please number and label your answers to each part. Answer in complete
sentences. Show analysis for the task verbs.
Monthly town board meetings in Greece, New York, opened with a prayer given by clergy selected from
the congregations listed in a local directory, but nearly all the local churches were Christian, so nearly all
of the participating prayer givers were, too. A lawsuit was filed alleging that the town violated the
Constitution by preferring Christians over other religious groups and by sponsoring sectarian prayers.
Petitioners sought to limit the town to “inclusive and ecumenical” prayers that referred only to a
“generic God.”
In the ensuing case,
Town of Greece v. Galloway
(2014), the Supreme Court held in a 5–4 decision that no
constitutional violation existed. The majority opinion stated that legislative prayer in this situation lent
gravity to public business, reminded lawmakers to transcend petty differences to pursue a higher
purpose, reflected values that were a part of the nation’s heritage, provided a spirit of cooperation, and
celebrated the changing of seasons. The audience was primarily lawmakers themselves, and though
many bowed their heads during the prayer, they did not solicit similar gestures by the public. It was
delivered as a ceremonial portion of the town’s meeting.
(A) Identify
the constitutional clause that is common to both
Greece v. Galloway
(2014) and
Engel v. Vitale
(1962). (Minimum of 1-2 identifying sentences).
The constitutional clause that is common to both Greece v. Galloway (2014) and Engel v. Vitale
(1962) is the Establishment Clause of the First Amendment.
(B) Describe
factual information from the two cases as it relates to the constitutional clause
identified in part A. (Minimum of 2-3 descriptive sentences for
each
case.)
In Engel v. Vitale (1962), the case challenged a school district's policy of beginning each school
day with a nondenominational prayer that was composed by the New York Board of Regents.
The Supreme Court held that the state-sponsored prayer violated the Establishment Clause, as it
constituted state endorsement of religion. In Greece v. Galloway (2014), the case challenged a
town's practice of opening its monthly town board meetings with a prayer given by clergy
selected from the congregations listed in a local directory. The Supreme Court held that the
town's practice did not violate the Establishment Clause, as legislative prayer in this situation
did not constitute state endorsement of religion.
(C) Explain
why the facts of
Engel v. Vitale
led to a different holding than the holding in
Greece v. Galloway
. (Minimum of 5-6 analytical sentences contrasting the two cases.)
The facts of Engel v. Vitale led to a different holding than the holding in Greece v. Galloway
because the two cases involved different contexts and practices. In Engel, the state-sponsored
prayer was delivered in a public school setting, which is a mandatory and captive audience for
students. The Supreme Court held that the state's endorsement of religion in this context
violated the Establishment Clause, as it forced students to participate in a religious exercise. In
Greece, the legislative prayer was delivered in a town board meeting, which is not a mandatory
or captive audience. The Supreme Court held that the town's practice of legislative prayer in this
context did not violate the Establishment Clause, as it did not coerce or compel individuals to
participate in a religious exercise.
(D) Describe
an action that members of the public who disagree with the holding in
Greece v.
Galloway
could take to limit its impact. (Minimum of 2-3 descriptive sentences.)
Members of the public who disagree with the holding in Greece v. Galloway could take action to
limit its impact by advocating for the town to change its prayer practice, by expressing their
dissent during the prayer or by engaging in peaceful protest, or by challenging the practice in
court if they believe that it violates their rights. They could also participate in local elections and
vote for candidates who support a more inclusive and ecumenical prayer practice, or they could
organize and form coalitions with other groups to raise awareness and build public support for
their cause.
Submit your completed assignment when you are finished. Scoring the SCOTUS Comparison Question:
A good response should:
●
Identify a similarity or difference between the two Supreme Court cases, as specified in the
question (0–1 point) (Disciplinary Practice 2.c)
●
Provide prompted factual information from the specified required Supreme Court case (0-1 point)
(Disciplinary Practice 2.a),
●
and explain how or why that information from the specified required Supreme Court case is
relevant to the non-required Supreme Court case described in the question (0–1 point)
(Disciplinary Practice 2.c)
●
Describe or explain an interaction between the holding in the non-required Supreme Court case
and a relevant political institution, behavior, or process (0–1 point) (Disciplinary Practice 2.d)
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