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The Ten Command ments monument in park surrounding the Texas capitol does not challenge the Establish ment Clause
because
score: 4
Looking at already established cases
because
score: 1
They have approved laws that prohibit sale of merchandise on Sundays in McGowan v. Maryland
because
score: 1
In School Dist. of Abington Township v. Schempp (1963). History has been so important for history and the government of religion.
because
score: 1
In Engel v. Vitale (1963). It was stated that there is no separation of man and religion when it comes to history.
however
score: -2
This case is dealing with a statue of the Ten Commandments on government property.
but
score: 3
Looking at the history of the Nation we (the court) see more examples.
because
score: 1
There is a Moses holding the two tablets of the Ten Commandments in the courtroom
however
score: 1
No one has made any issues out of this.
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because
score: 1
Looking at the Nation's Capitol there are similar ideas.
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because
score: 2
There are two ways of looking at the Establishment Clause:
because
score: 1
of this case, it is hard to represent both sides of the Establishment Clause
however
score: 1
These two stances have been around and have helped other cases be true and follow the laws under the Establishment Clause
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because
score: 2
The state of Texas capitol grounds are viewed as historical and political
because
score: 1
Of that, the Texas monument of the Ten Commandments does not violate the Establishment Clause.
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but
score: 1
They will not be using the Lemon test because they do not think it is useful for this case dealing with a monument (that the majority finds passive)
however
score: 1
They will be looking at the Nation's history and the nature of the monument for an answer
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because
score: 1
The Ten Commandments are religious- the monument has religious tendency.
however
score: 0
Having religious content/promoting a message does not challenge the Establishment Clause
but
score: 1
There are limits
because
score: 0
In Stone v. Graham it was unconstitutional to post the Ten Commandments in a classroom because there was religious tendency.
but
score: 1
The Texas monument is far more compliant then Stone's case. Because in Stone the text would be in student's faces everyday, the monument is not in anyone's face all day everyday.
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last update:
gabbyr
(2 years, 4 months ago)
gabbyr
