In class: vocabulary test AND
over the next three days we will be reading closely the following US Supreme Court ruling. You have class handout and a copy below. As well, there is an accompanying graphic organizer. The completed organizer is due by the end of class on Thursday.
On Friday, we shall be having an informational meeting on the PSAT. We will meet in class, before proceeding to the auditorium.
I am also handing out the vocabulary from the new text we are working on. This is the same structure as the first one: list with practice due this Thursday and matching test next Monday.
Copy of vocabulary practice below.
http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/santafe.html Justice Stevens delivered the opinion of the Court.
Prior to 1995, the Santa Fe High School student who occupied the school's elective office PI of student council chaplain delivered a prayer over the public address system before each varsity football game for the entire season. This practice, along with others, was challenged in District Court as a violation of the Establishment Clause of the First 5 Amendment. While these proceedings were pending in the District Court, the school district adopted a different policy that permits, but does not require, prayer Initiated and led by a student at all home games. The District Court entered an order modifying that policy to permit only nonsectarian, nonproselytizing prayer. The Court of Appeals held that, even as modified by the District Court, the football prayer policy was invalid. We 10 granted the school district's petition for certiorari to review that holding...
The final policy (October policy)...
"STUDENT ACTIVITIES:
"PRE-GAME CEREMONIES AT FOOTBALL GAMES
"The board has chosen to permit students to deliver a brief invocation and/or message to be P2 15 delivered during the pre-game ceremonies of home varsity football games to solemnize the event, to promote good sportsmanship and student safety, and to establish the appropriate
nonsectarian
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nonproselytizing
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certiorari
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not associated with or limited to a specific religious denomination
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not attempting to convert or change belief
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a written document requesting the record of a proceeding in an inferior court review
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solemnize
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to view as serious, to dignify
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environment for the competition.
"Upon advice and direction of the high school principal, each spring, the high school student P3 council shall conduct an election, by the high school student body, by secret ballot, to determine 20 whether such a statement or invocation will be a part of the pre-game ceremonies and if so, shall elect a student, from a list of student volunteers, to deliver the statement or invocation. The student volunteer who is selected by his or her classmates may decide what message and/or invocation to deliver, consistent with the goals and purposes of this policy..."
.. .The first Clause In the First Amendment to the Federal Constitution provides that "Congress P4 25 shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Fourteenth Amendment Imposes those substantive limitations on the legislative power of the States and their political subdivisions...
...Granting only one student access to the stage at a time does not, of course, necessarily P5 preclude a finding that a school has created a limited public forum. Flere, however, Santa Fe's 30 student election system ensures that only those messages deemed "appropriate" under the District's policy may be delivered. That is, the majoritarian process implemented by the District guarantees, by definition, that minority candidates will never prevail and that their views will be effectively silenced...
...If instead of a choice between an invocation and no pregarne message, the first election P6 35 determined whether a political speech should be made, and the second election determined whether the speaker should be a Democrat or a Republican, it would be rather clear that the public address system was being used to deliver a partisan message reflecting the viewpoint of the majority rather than a random statement by a private individual...
...Moreover, the District has failed to divorce itself from the religious content in the P7 40 Invocations. It has not succeeded in doing so, either by claiming that its policy is "'one of
invocation
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preclude
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majoritarian
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a form of prayer invoking God's presence, especially one said at the beginning of a religious service
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to make impossible
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the majority
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partisan
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a supporter of a particular group or party
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neutrality rather than endorsement"' or by characterizing the individual student as the "circuit- “ breaker" in the process. Contrary to the District's repeated assertions that it has adopted a "hands- off" approach to the pregame invocation, the realities of the situation plainly reveal that its policy involves both perceived and actual endorsement of religion. In this case, as we found in Lee, the 45 "degree of school involvement" makes it clear that the pregarne prayers bear "the imprint of the State and thus put school-age children who objected in an untenable position."
... In addition to involving the school in the selection of the speaker, the policy, by its terms, P8 invites and encourages religious messages. The policy itself states that the purpose of the message is "to solemnize the event." A religious message is the most obvious method of 50 solemnizing an event. Moreover, the requirements that the message "promote good sportsmanship" and "establish the appropriate environment for competition" further narrow the types of message deemed appropriate, suggesting that a solemn, yet nonreligious, message, such as commentary on United States foreign policy, would be prohibited. Indeed, the only type of message that is expressly endorsed in the text is an "invocation" - a term that primarily describes an 55 appeal for divine assistance. In fact, as used in the past at Santa Fe High School, an "invocation" has always entailed a focused religious message. Thus, the expressed purposes of the policy encourage the selection of a religious message, and that is precisely how the students understand the policy.
The results of the elections described in the parties' stipulation make it clear that the students understood that the central question before them was whether prayer should be a part of the 60 pregarne ceremony. We recognize the important role that public worship plays in many communities, as well as the sincere desire to include public prayer as a part of various occasions so as to mark those occasions' significance. But such religious activity in public schools, as elsewhere, must comport with the First Amendment...
One of the purposes served by the Establishment Clause is to remove debate over this P9
65 kind of issue from governmental supervision or control. We explained in Lee that the
"preservation and transmission of religious beliefs and worship is a responsibility and a
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choice committed to the private sphere." The two student elections authorized by the policy, coupled with the debates that presumably must precede each, impermissibly Invade that private sphere. The election mechanism, when considered in light of the 70 history In which the policy in question evolved, reflects a device the District put In place that determines whether religious messages will be delivered at home football games.
The mechanism encourages dlvlslveness along religious lines in a public school setting, a result at odds with the Establishment Clause...
... The Religion Clauses of the First Amendment prevent the government from making any PIO 75 law respecting the establishment of religion or prohibiting the free exercise thereof. By no
means do these commands impose a prohibition on all religious activity In our public schools. Thus, nothing In the Constitution as interpreted by this Court prohibits any public school student from voluntarily praying at any time before, during, or after the schoolday. But the religious liberty protected by the Constitution Is abridged when the State affirmatively sponsors the particular religious practice of prayer...
80 ... But the Constitution also requires that we keep in mind "the myriad, subtle ways In which P11 Establishment Clause values can be eroded," and that we guard against other different, yet equally Important, constitutional injuries. One is the mere passage by the District of a policy that has the purpose and perception of government establishment of religion. Another Is the Implementation of a governmental electoral process that subjects the issue of prayer to a majoritarian vote...
85 ... As discussed, the text of the October policy alone reveals that It has an unconstitutional PI2 purpose. The plain language of the policy clearly spells out the extent of school involvement In both the election of the speaker and the content of the message. Additionally, the text of the October policy specifies only one, clearly preferred message - that of Santa Fe's traditional religious "Invocation." Finally, the extremely selective access of the policy and other content restrictions 90 confirm that it is not a content-neutral regulation that creates a limited public forum for the
impermissibly
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not allowed
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expression of student speech.
ніш
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.. .This case comes to us as the latest step in developing litigation brought as a challenge to PI 3
institutional practices that unquestionably violated the Establishment Clause. One of those practices was the District's long-established tradition of sanctioning student-led prayer at varsity 95 football games. The narrow question before us is whether implementation of the October policy insulates the continuation of such prayers from constitutional scrutiny. It does not. Our inquiry into this question not only can, but must, include an examination of the circumstances surrounding its enactment. Whether a government activity violates the Establishment Clause is "in large part a legal question to be answered on the basis of judicial interpretation of social facts...".
100 Every government practice must be judged in its unique circumstances. Our discussion in the previous sections, demonstrates that In this case the District's direct involvement with school prayer exceeds constitutional limits.
The District, nevertheless, asks us to pretend that we do not recognize what every Santa Fe Pi 4
High School student understands clearly - that this policy is about prayer. The District further 105 asks us to accept what is obviously untrue: that these messages are necessary to "solemnize" a football game and that this single-student, year-long position is essential to the protection of student speech. We refuse to turn a blind eye to the context in which this policy arose, and that context quells any doubt that this policy was implemented with the purpose of endorsing school prayer.
ļ 10 Therefore, the simple enactment of this policy, with the purpose and perception of school pis
endorsement of student prayer, was a constitutional violation. We need not wait for the inevitable to confirm and magnify the constitutional injury. In Wallace, for example, we invalidated Alabama's as yet unimplemented and voluntary "moment of silence" statute based on our conclusion that it was enacted "for the sole purpose of expressing the State's endorsement of 115 prayer activities for one minute at the beginning of each school day." Therefore, even If no Santa Fe
litigation
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sanctioning
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quells
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to dispute: to contest at law
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authoritative approval
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to put an end to something
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endorsing
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to approve, support, or sustain
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High School student were ever to offer a religious message, the October policy falls a facial challenge because the attempt by the District to encourage prayer Is also at Issue. Government efforts to endorse religion cannot evade constitutional reproach based solely on the remote possibility that those attempts may fall.
ніш
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120 This policy likewise does not survive a facial challenge because It Impermissibly imposes PI 6 upon the student body a majoritarian election on the Issue of prayer. Through Its election scheme, the District has established a governmental electoral mechanism that turns the school into a forum for religious debate. It further empowers the student body majority with the authority to subject students of minority views to constitutionally improper messages. The award of that 125 power alone, regardless of the students' ultimate use of It, Is not acceptable. Like the referendum In Board of Regents of Univ. ofWis. System v. Southworth, the election mechanism established by the District undermines the essential protection of minority viewpoints. Such a system encourages divisiveness along religious lines and threatens the Imposition of coercion upon those students not desiring to participate In a religious exercise. Simply by establishing this school-related 130 procedure, which entrusts the Inherently nongovernmental subject of religion to a majoritarian vote, a constitutional violation has occurred. No further injury is required for the policy to fall a facial challenge.
To properly examine this policy on its face, we "must be deemed aware of the history and pļ7 context of the community and forum." Our examination of those circumstances above leads 135 t0 the conclusion that this policy does not provide the District with the constitutional safe harbor it sought. The policy is invalid on Its face because It establishes an Improper majoritarian election on religion, and unquestionably has the purpose and creates the perception of encouraging the delivery of prayer at a series of Important school events.
The judgment of the Court of Appeals is, accordingly, affirmed.
140 It is so ordered.
facial challenge
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reproach
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referendum
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a challenge to a statute which the plaintiff alleges that the legislation is always unconstitutional
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to find fault with a person or group
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A general vote by the electorate on a single political question that has been referred to them
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divisiveness
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coercion
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forming or expressing division or distribution
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force of a group to gain compliance as in the government or police force
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Accompanying graphic organizer for text 5
TEXT #5 Supreme Court Decision: Santa Fe Independent School District vs. Doe Name ______________________________
Please use the following graphic organizer for approaching, questioning and analyzing text #5. I have chunked the text, which is broken down the document into shorter, more manageable units.
Approaching the text:
What is the purpose of the reading? ___________________________________________________________________________
Title _________________________________________________________________________________
Author _________________________________________________________________________________
Text Type _________________________________________________________________________________
Source / Publisher ____________________________________________________________________________
Publication Date ______________________________________________________________________________
What do I already understand about the text based on this information?
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Lines 1-10
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
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Lines 11-23
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
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Lines 24-33
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
Incorporate specific text.
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Lines 34-38
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
Incorporate specific text.
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Lines 39-46
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
Incorporate specific text.
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Lines 47-63
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
Incorporate specific text.
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Lines 64-73
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 74-79
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 80-84
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 85-91
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 92-102
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 103-109
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 110-119
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 120-32
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section? Incorporate specific text.
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Lines 133-140
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What words or phrases stand out? (look for those that repeat, are unique or powerful). Minimum of three.
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What is the main idea or thesis statement presented in this section?
Incorporate specific text.
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Analyzing the text. Write a minimum of a 100 word paragraph that summarizes Justice Judge Stevens ruling against the Santa Fe School District. Make sure to incorporate specific textual evidence. Use your notes.
Suggested optional thesis statement: The Supreme Court ruled against the saying of an invocation as part of Sante Fe’s pregame ceremonies by demonstrating……..
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Please find below a copy of the vocabulary and the accompanying handout, which is due on Friday.
Supreme Court Decision: Santa Fe Independent School District vs. Doe vocabulary
Keep the top sheet to study; put your name on the attached sheet. This is homework, which is due this Friday, Sept 20. I will collect it before we head to the auditorium for the assembly.
<nonsectarian- (adjective)-not associated with or limited to a specific religious denomination
to solemnize- (verb)-to view as serious
<>nonproselytizing-(adjective)- not attempting to convert or change a belief
<certiorari- (noun)-a written document requesting a court proceeding
<invocation-(noun)- a form of prayer asking for Bod’s presence.
<to preclude- (verb)-to make impossible
<majoritarian-(noun)- the majority
<partisan-(noun)- a supporter of a particular group or party.
< untenable-(adjective)- an argument that is incapable of defense
<stipulation-(noun)-a condition or an agreement within a contract.
<impermissibility (noun)- not allowed
<litigation- (noun)- the act of arguing, disputing or contesting in law
to endorse- (verb)- to approve or support
<!to sanction-(verb)- to give authoritative support
<!to quell- (verb) – to put an end to something
<!to reproach- (verb)- to find fault with a person or something
<referendum-(noun)- a general vote by the electorate on a single political question
<!18. to coerce- (verb)- To force to act or think in a certain way by use of pressure, threats, or intimidation; to compel.
<!divisiveness- (noun)- something that causes disagreement.
Based upon the context of the sentence, use the word that best fits. Each word is used only once. Note that you might have to change a verb tense.
<!-Some marriages depend on domestic arguments the way the courts depend on ______________________________.
<!-Few science policy issues today cause such _____________________as climate change.
<!--As a result, both sides have become locked into intractable mindsets that ______________________ a satisfactory peace treaty.
<!--The foundation is the largest nonprofit, ______________________________ agency serving thousands of low-income, well and frail elderly people.
<!-Having more technology available in the schools is one idea that all parents and educators will ________________________________ heartily.
<!The case for man-made ufos is stronger than ever, whereas the evidence for ' alien flying saucers ' is wholly _____________________________________.
<!-Some 200 policemen were summoned to __________________________ the riot.
<!-There is a great difference, then, between "power" and "authority." Power refers to one's ability to ___________________________.
<!--[The attorney requested a __________________________________, so as to have a written document of the court proceedings.
<!-Democracy is ______________________________________ and populist by its nature.
<!--Once the civil ceremony is completed the marriage may then be _______________________________ in a religious ceremony if the couple so chooses.
<! Because of the dangers, the governing diving organizations refuse to __________________ cave diving.
<!-Politics may necessitate some _____________________________ maneuvering at the outset, so as to appear a loyal member of the party.
<!--The school committee held a __________________________________ that would decide on the new by laws.
<The ______________________________________ of modifying the gene structure of foods has been made law in much of Europe.
<The child was _________________________________ for her rude behavior and told to reflect upon her actions.
< You may go to the dance on Friday night, but with the _______________________________ you are home no later than midnight.
<Law suits can entail many, many years of _______________________________.
19. Journalists must write without bias, merely stating the facts and keeping a _________________________________________ point of view.
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