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Social and Behavioral Sciences Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Social and Behavioral Sciences
Reynolds V. United States (1879), John Hermann
Reynolds V. United States (1879), John Hermann
John Hermann
In Reynolds v. United States, 98 U.S. 145 (1897), the Supreme Court ruled unanimously that a federal law prohibiting polygamy did not violate the free exercise clause of the First Amendment. The Court's decision was among the first to hold that the free exercise of religion is not absolute.
Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann
Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann
John Hermann
The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.
Lyng V. Northwest Indian Cemetery Protective Association (1988), John Hermann
Lyng V. Northwest Indian Cemetery Protective Association (1988), John Hermann
John Hermann
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court held that the free exercise clause of the First Amendment does not prohibit the federal government from timber harvesting or constructing a road through a portion of a national forest that is considered a sacred religious site by three Native American tribes.
Bowen V. Roy (1986), John Hermann
Bowen V. Roy (1986), John Hermann
John Hermann
In Bowen v. Roy, 476 U.S. 693 (1986), the Supreme Court ruled 8-1 that the federal government did not violate the free exercise clause of the First Amendment by assigning a Social Security number for welfare benefits. Steven J. Roy, a Native American, did not want the federal government to use a Social Security number for his daughter to provide her with welfare benefits. According to Roy, the use of a Social Security number would prevent his daughter from "becoming a holy person," "rob [her] spirit," and violate the free exercise clause of the First Amendment.
Associate Justice William O. Douglas, John Hermann