Sherbert Test
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Sherbert Test
''Sherbert v. Verner'', 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted with her religion. The case established the ''Sherbert'' Test, requiring demonstration of such a compelling interest and narrow tailoring in all Free Exercise cases in which a religious person was substantially burdened by a law. The conditions are the key components of what is usually called strict scrutiny. In 1990, the Supreme Court decided that the ''Sherbert'' Test, as a judicial constitutional analysis tool, was too broad when applied to all laws. With respect to religiously neutral, generally applicable laws that incidentally burden religious exercise, the Sherbert Test was elimi ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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History Of The Seventh-day Adventist Church
The Seventh-day Adventist Church had its roots in the Millerite movement of the 1830s to the 1840s, during the period of the Second Great Awakening, and was officially founded in 1863. Prominent figures in the early church included Hiram Edson, Ellen G. White, her husband James Springer White, Joseph Bates, and J. N. Andrews. Over the ensuing decades the church expanded from its original base in New England to become an international organization. Significant developments such the reviews initiated by evangelicals Donald Barnhouse and Walter Martin, in the 20th century led to its recognition as a Christian denomination. Foundations, 1798–1820s The Second Great Awakening, a revival movement in the United States, took place in the early 19th century. The Second Great Awakening was stimulated by the foundation of the many Bible Societies which sought to address the problem of a lack of affordable Bibles. The spread of Bibles allowed many who had not had one to be able to ...
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1963 In United States Case Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the penumbral lunar eclipse and the annular solar eclipse, only 12 hours, 29 minutes after apogee. * January 19 – Soviet spy Gheorghe ...
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United States Free Exercise Of Religion Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Lemon V
The lemon (''Citrus limon'') is a species of small evergreen trees in the flowering plant family Rutaceae, native to Asia, primarily Northeast India (Assam), Northern Myanmar or China. The tree's ellipsoidal yellow fruit is used for culinary and non-culinary purposes throughout the world, primarily for its juice, which has both culinary and cleaning uses. The pulp and rind are also used in cooking and baking. The juice of the lemon is about 5% to 6% citric acid, with a pH of around 2.2, giving it a sour taste. The distinctive sour taste of lemon juice makes it a key ingredient in drinks and foods such as lemonade and lemon meringue pie. History The origin of the lemon is unknown, though lemons are thought to have first grown in Assam (a region in northeast India), northern Myanmar or China. A genomic study of the lemon indicated it was a hybrid between bitter orange (sour orange) and citron. Lemons are supposed to have entered Europe near southern Italy no later than ...
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Strict Scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a " compelling or overriding state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional. The standard is the highest and most stringent standard of judicial review and is part of the levels of judicial scrutiny that courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These standards are applie ...
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Controlled Substances Act
The Controlled Substances Act (CSA) is the statute establishing federal government of the United States, federal drug policy of the United States, U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs. The legislation created five schedules (classifications), with varying qualifications for a substance to be included in each. Two federal agencies, the Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA), determine which substances are added to or removed from the various schedules, although the statute passed by Congress created the initial listing. Congress has sometimes scheduled other substances th ...
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Unanimous Consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a proposal. Purpose Generally, in a meeting of a deliberative assembly, business is conducted using a formal procedure of motion, debate, and vote. However, if there are no objections, action could be taken by unanimous consent. The procedure of asking for unanimous consent is used to expedite business by eliminating the need for formal votes on routine questions in which the existence of a consensus is likely. The principle behind it is that procedural safeguards designed to protect a minority can be waived when there is no minority to protect. In non-legislative deliberative bodies operating under ''Robert's Rules of Order'', unanimous consent is often used to expedite the consideration of uncontroversial motions. It is sometimes used simp ...
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Narrow Tailoring
Narrow tailoring (also known as narrow framing) is the legal principle that a law be written to specifically fulfill only its intended goals. This phrase is most commonly invoked in constitutional law cases in the United States, such as First Amendment cases, or Equal Protection cases involving racial discrimination by creating racial distinctions. In the case ''Grutter v. Bollinger'' (2003), the United States Supreme Court held that: Even in the limited circumstance when drawing racial distinctions is permissible to further a compelling state interest, government is still constrained under equal protection clause in how it may pursue that end: the means chosen to accomplish the government's asserted purpose must be specifically and narrowly framed to accomplish that purpose.''Grutter v. Bollinger'', For affirmative action programs in higher education, they are only considered legal because they further the compelling state interest of creating diversity on university campuses. Fe ...
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Compelling State Interest
Government or state interest is a concept in law that allows the State (polity), state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time. United States In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law. Under United States constitutional law, US constitutional jurisprudence, arising from Supreme Court of the United States, US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests. A compelling governmental interest may override fundamental rights, fundamental constitutional rights, if it satisfies the strict scrutiny test. A government interest is compelling if it is essential or necessary rather than a matter of choice, pr ...
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