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The No Religious Test Clause of the United States Constitution is a clause within Article VI, Clause 3: "Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
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 ...
The Lemon test has been criticized by justices and legal scholars, but it has remained the predominant means by which the Court enforced the Establishment Clause. [61] In Agostini v. Felton (1997), the entanglement prong of the Lemon test was converted to simply being a factor in determining the effect of the challenged statute or practice. [ 38 ]
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 "religious test" clause has been interpreted to cover both elected and appointed federal officials, career civil servants (a relatively recent innovation), and political appointees. Religious beliefs or the lack of them have not been permissible tests or qualifications with regard to federal employees since the ratification of the Constitution.
Treaties are likewise subject to judicial interpretation and review just as any federal statute, and courts have consistently recognized them as legally binding under the Constitution. The U.S. Supreme Court applied the Supremacy Clause for the first time in the 1796 case, Ware v. Hylton, ruling that a treaty superseded conflicting state law. [24]