How do we Separate Church and State? | Lemon v. Kurtzman
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- Опубликовано: 4 фев 2021
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In episode 59 of Supreme Court Briefs, Pennsylvania and Rhode Island try to help out struggling private schools. But wait, what about the Establishment Clause of the First Amendment?
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en.wikipedia.org/wiki/Lemon_v...
www.law.cornell.edu/supremeco...
www.mtsu.edu/first-amendment/...
law.jrank.org/pages/22903/Lem...
www.palrb.us/pamphletlaws/1900...
en.wikipedia.org/wiki/Alton_L...
teachingamericanhistory.org/l...
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Harrisburg, Pennsylvania
June 19, 1968
The Pennsylvania General Assembly passes a law called the Pennsylvania Non-Public Elementary and Secondary Education Act of 1968. I know, I know. Impressive name for a law, right? Anyway, the law said the state government could supplement the salaries of teachers of secular subjects in religious schools, as well as pay for their textbooks and other instructional materials. Look, the reason why they passed this law is because religious schools were struggling and needed help.
Under the law, eligible teachers could only get the funding if they taught courses offered in the public schools, using only materials used in the public schools, and couldn’t teach courses in religion. At the time, 25% of Pennsylvania’s students attended private schools, and about 95% of those were Roman Catholic schools
But hold on sonny boy. This was tax-payer money to church-affiliated schools. Didn’t that go against the Establishment Clause of the First Amendment? Ya know, the one that said the government couldn’t establish any religion?
Well this lemon thought so. No, not that lemon. Yeah, THAT Lemon. Alton J. Lemon, the First Amendment Hero himself. After criticizing the law at a Philadelphia American Civil Liberties Union meeting, a bunch of folks organized and asked him to be the lead plaintiff to fight the law. He was a tax-paying, Pennsylvania citizen, after all, with a kid attending public school there. Lemon was like “sure,” and yep, Philadelphia newspapers literally called him a “First Amendment Hero” for volunteering as tribute.
Anyway, Lemon and the others claimed that Pennsylvania went against the First Amendment by “respecting” an establishment of religion, especially since the Catholic Church seemed to benefit a lot from it. Representing the other side was David Kurtzman, the Superintendent of Public Instruction of the Commonwealth of Pennsylvania.
Well, the U.S. District Court for the Eastern District of Pennsylvania dismissed the case. However, Rhode Island had ALSO passed a similar law, and after it passed had citizens that fought it in court. Oh, and IT’S district court sided with the citizens.
#supremecourtbriefs #supremecourt #apgov
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5:07 Can we just appreciate that at the time there were 2 SCOTUS justices whose last names were "black" and "white".
But no Blue :(
@@PremierCCGuyMMXVI big sad :(
Another reason why the 1960s/1970s were a crazy time in American history
@@iammrbeat and the discos 🎉
@Henry Breeding hello
This was on my AP Gov test yesterday, if only I could've convinced my teacher to push the test back lol
thats very specific unfortunate timing
Oh dang, that's bad luck. Did you get the question right?
@@iammrbeat I did! It was more of a question based on the ruling, but Lemon v. Kurtzman was mentioned.
I think not electing people based on their religious beliefs helps
Imagine an atheist running for President.
@@iammrbeat Imagine a non-christian running for President.
Not sure which one would cause more of an uproar a Muslim running for potus or an atheist running for potus
@@Quintinohthree most people haven't attacked Bernie for his faith at all, even haters of him just call him a commie, I think an athiest or a muslim would have a much harder time getting elected
@@iammrbeat I'm sure many atheists have ran and several won. They just either denied it or didn't bring it up.
Mr Beat, I appreciate what you do.
Thanks for helping me as an immigrant understand the history of and the government of the country I am in and going to be a citizen of.
It's my pleasure. Thanks for the kind words!
Sweet. We get another one. Thanks Mr.beat. Looking forward to the vid of the election of 2020.
Thank YOU :D
@@iammrbeat Will the 2020 election vid be the next vid after this?
@@wparts1091 he said February 2021, somewhere, so I think so.
Mr. Beat would you ever consider doing a presidential losers tier list?, this would include normal losers, incumbent losers and successful 3rd party campaigns like Ross Perot, Theodore Roosevelt, Wallace, etc. I love your videos so I would love to see your direct opinions on the candidates.
I second this
Definitely, or at least a video looking at them in more depth in another way.
Horace Greeley is the best presidential loser. He leaked secret information from congress to his newspaper and he died before the electors could vote.
That would be cool. Nine of them are alive today.
I think hubert humphrey or WJB are the best would-be presidents.
Excellent video, but can we talk about how the music, slaps. Also the 2020 election video next week, awesome!
WOOT, and thank you so much. :D
When the Supreme Court gives you lemons, well...
#supremecourtjokes
@@iammrbeat 😆
I think the lemon test is good but has room for interpretation. First thing that comes to my mind is "What constitutes excessive?" but there's probably more to it
i LOVE supremecourtbriefs
I wish more folks did!
@@iammrbeat I definitely do!
Overruled by Kennedy v Bremerton School District (2022)
YESSSSSS!!!!! Yes yes yes!!!! I’m so excited for a new SCB!!! As a 3L law student, your videos have been so enjoyable, entertaining, and one of the most accurate summaries of case briefs I’ve seen on RUclips. Your content is truly fantastic Mr. Beat and I sincerely look forward to all your uploads. Stay healthy & safe 👍🏼
Wow, thanks for the kind words. That means a lot. I'm glad you dig them, and it just makes my day that law students find them useful. There are so many cases to remember!
@@iammrbeat Oh it most definitely is a lot to remember haha. Nonstop reading and writing lol But it makes my day being able to actually speak to you! So thank you for your reply. As well, your SCB’s were very useful aids during my Constitutional Law classes and even now while I’m taking 1st Amendment. I truly hope the SCB series, as well as the rest of your awesome content, continues going strong!
Taking a Constitutional Law course at UNC and this video just came in CLUTCH! I always LOVE Mr. Beat! WAHOOO! THANK YOU! Got to read the Everson Case along with Edwards v. Aguillard as well! All about the Establishment Clause! :D
Supreme Court of 1971: "This is a valid point with multiple perspectives, we have to maintain the separation of church and state!"
Supreme Court of 2022: "Let's take a prayer before we destroy American freedom."
It's a great day when Mr. Beat uploads
Great video!
I like how each of your videos uses that one distinct font. I subconsciously know it in my mind now as the “Mr. Beat font” whenever I see it in anything
I do use different fonts for the Supreme Court Briefs and presidential elections series, but yep it's good ol' Superclarendon for all other videos.
The only time I want to hear sirens. That and if Scott Steiner is around.
lol what about in Dr. Dre songs?
Had to make an important presentation about the Supreme Court today. I was greatly inspired by your videos.
Thanks for the great content ^^
Wow, that's terrific. How'd the presentation go?
Very well😄👍
Wow, that song at the end is a banger. Added it to my study playlist. Mr. Beat's hiding hard hitting bangers under the guise of history lessons.
Lemons huh, next up the case of Orange Vs Apple
Which just so happen to be real companies...
@@iammrbeat ah you got my joke
Does that case really exist?
Sounds like Trump suing Apple because they won’t platform Parler lol
Favorite series on RUclips
Woah thank you!
I’ve just found your channel and dear god I wish I knew you existed when I took APUSH. You are really cool to listen to!!
Also I love your presidential elections in American history series and I can’t wait for 2020 lmao
Mr beat with another great video
Thank you! :D
@@iammrbeat thanks for replying 👍🏼
I randomly found this channel. And i love it
Eating iced oatmeal cookies dunked in a cup of strong coffee, while watching another Mr. Beat video! Ahhhhhh.....does it get any better?
I'm jealous of your iced oatmeal cookies. Thanks for the kind words. :)
Thanks Mr.Beat Pretty Sure This Will Help Me On My History Test
Heck yeah!
Always well done.
Thank you John!
Am I the only one waiting for the 2020 edition of "Presidential Election In American History?"
Did you see the message at the end of this video?
@@iammrbeat oh, now I see. I didn't pay atention. Also thanks for this video. In my opinion, I belive, as a catoholic that state should be separate from church as in the catoholic values, which I mostly share, is helping the poor, and we can't help the poor by using their taxes on endoctrination
You're not alone
(Edit)In a week or so
Mr. Beat Nice!
@The_Poro_King wtf
Cool video
U didn’t even watch it
I’m about to but all his videos are good
The best kind of bias lol
Mr. Beat! Wonderful video! Your presentation style is like no other! Keep it up!
Mr. Beat for president! BEAT2024
it will be interesting to see how this develops in the future
Great job like always
I appreciate that!
This channel is amazing ‼️
Thanks for making history and America so interesting
Well thank _you_ for the kind words.
Cool video. Would be nice to do a similar series (presidential and briefs) but with amendments, the whole process and the end vote for each).
I plan on it for the fall!
@@iammrbeat nice, thanks for the reply
I think you'd find the case of Downes v Bidwell interesting, considering they were part of the "Insular Cases" that defined the political classification of the US territories. Thought it'd seem relevant considering all the talk about PR statehood.
It made a distinction between Alaska, Hawaii, and the other continetal and the other insular territories.
Great VID!!!
Bro I just learned this in my AP US Government class lol
I guess I should have released it a bit earlier!
a bit of a lesser known case but please do Storer v. Brown! The implications of the scotus supporting people being unable to run for office under certain conditions is interesting
Hey Mr. Beat can you do a video on the In re Gault case
I had to look that one up, but what an important case!
Hey Mr. Beat! Love the video! I was just wondering when you will be uploading 'Presidental Election of 2020'. I would love to see it soon! Have a great day.
Consider looking into the case of Crawford v. Washington. It was mentioned in Season 4 Episode 10 of Better Call Saul.
You gotta do the Standard Oil case!!
Can you do a video on Mayo v. Satan? It’s one of my favorite cases out there.
I love that case, too, but it's not a Supreme Court case...just a federal case.
Mayo v. Satan?So it was Pete Buttiegige against George Soros? (sorry I had to)
@@iammrbeat
Huh?
When do you think your 2020 presidential election video will come out? (also I suggest you do an obscure Supreme Court case next)
Will you add the outcome of the impeachment trial in the senate in your presidential election video or are you just going to post the video before we know what the outcome will be?
No, I'm already making the video. I might add that for the 2024 election video, however.
@@iammrbeat That would be an interesting to talk about then but you can still say Trump is the first president in American history to be impeached twice by the house of representatives in your presidential election video.
Do you think you could cover Atkins vs Virginia? Love your videos!
As a special education teacher, I’d love to see a Supreme Court Briefs on PARC v. PA
u r the best mr beat
Thanks, but you're the best.
Wow! Never been this early before!
Yayness
Could you explained the most recent Supreme Court case of Bostock v. Clayton County?
Also here’s a video request:
Comparing Trinidad and Tobago. (The country in the lesser antilles)
Is this video reference to what’s going on in Iowa’s charter school voucher controversy going on right now doing right now Mr Beat?
If so thank you
It's certainly related!
Yeah, Utah is going to need to work on that...
It's always a good day when a Supreme Court brief is uploaded! Since it's Black History month, can you do Gayle v. Browder?
Well thank you! Surprisingly, that Gayle v. Browder case never made it to the Supreme Court. Regardless, great suggestion.
@@iammrbeat oh I thought that was a supreme court case, thanks for correcting me! Is there any Supreme Court Cases that are black history related that you think you could do this month?
Also please do Paramount pictures v United States as i feel it’s relevant agin with the age of streaming
That's on my list. Great suggestion!
Can you do a Supreme Court briefs episode for Furman vs Georgia and Gregg vs Georgia. In which the Supreme Court struck down capital punishment for the first ruling then reinstated it after the later one
Mr. Beat, you should cover FCC v. AT&T in a future Supreme Court Briefs video.
Holy crap, what a great suggestion. You have the best suggestions, Devin.
You should make a Supreme Court Briefs on Atkins v. Virginia
Could you do an episode on Bostock v. Clayton County, GA? Or are you waiting until the Equality Act is brought up again in Congress?
@mrbeat make a video on Trump V Hawaii
I plan on it!
When is the 2020 election video coming?
This month
Did you see his message at the end of the video!?
Next week
Can you make a video about Sheff vs O’Neill I’m from Connecticut and it’s important to me.
Hey Mr. Beat! Are you going to do a video about the 2020 election for your election series? No rush or anything, just seeing if it’s in the works.
He said it next
@@The_Poro_King oh okay! Thanks for the info. Appreciated :)
Hey Mr. Beat love your vids! Can I get a heart!
Of course you can. Thanks for watching. :D
Man you have got to do a Top 10/5 first ladies
That would be perfect timing too. Since president's day is next week.
Heck yeah
Hey Mr.Beat!
There you are, Harry. Wassup.
I'm big on separation of church and state, but I actually wasn't immediately sure on that one. I mean, it's not a slam dunk like it would be if, I don't know, the government decided to do something crazy like establish the existence and virtue of god on all of the money they issue. You know, just as an example.
Mr. Beat! As a big fan of the channel I’ve noticed that your supreme court briefs have notoriously low views, any plans on changing them to “Supreme Court Shorts” using youtubes new format?
Hey, Mr. Beat! Can you please do a Supreme Court Briefs video on FCC v. Fox Television Stations? Pretty please?
Another good one!
When will the 2020 election video be out?
I have a lemon tree in my backyard. Life gave me lemons. So I make lemon tarts, lemon chicken, and, of course, lemonade.
Dang that's awesome
I'm sure you've answered this somewhere and I didn't see, when do you plan on making that 2020 election video?
He says next week after all the ads
It’s the next video 😁
Do Harris Funeral Homes v. EEOC or Altitude Express v. Zarda
Two really important recent cases!
Nice
Can you do a vid in how to US primaries work?
As I understand it this series doesn't get a ton of views but when you do do the next one what about Nixon v United States?
Do you have a date yet for when the 2020 election video is coming out?
ARE YOU TELLING ME YOU DIDN'T WATCH THE VIDEO 'TILL THE VERY END?!? :D
Can’t wait till the next video 😁
Does anyone know the Rhode Island case that is mentioned?
How can this ruling still hold whole states like Arizona pass laws giving state-funded vouchers for parents to spend on private schools, and those schools which benefit from it are also disproportionately Christian ones?
It was overruled in 2022
Do Goss v. Lopez! It's another important Supreme Court decision dealing with student rights in public schools.
Will you ever do Paramount Pictures v. United States?
Yeah, it's on my list. A very important and relevant case!
Good day! Are you working on the election of 2020? If so are you working on the aftermath of it and the impact? Thanks for continuous videos
You must have not watched 'till the end ;)
@@iammrbeat I watched until you stopped reading the names and of course I clicked off haha!
Government funding of religious schools happens in Australia as well.
Do you have a video on Runyon v. McCrary, which prohibited segregation academies, ie private schools that discriminated by race?
Idea for next SCB: Janus v. AFSCME
When is the 2020 election video coming out
Are you going to do a video on the Presidential Election of 2020?
Did you not see the video?
Commercial Speech would be a good topic for another video too.
Ruling has been overturned
Essentially yes
I am still wondering if Kennedy was actually forcing students to join the prayer. That I would disagree with that court. That would violate Engel v Vitale
Here is Canada, publically funded Catholic schools are enshrined in the continuation, but because Canada is supposed to be secular, these schools are not supposed to refuse non Catholic students. Which is why growing up I was sent to a Catholic school because my parents didn't like the public option.
Do a video on the 2020 USA election. It will update the series of the presidential elections in American history lol
Yes under the jurisdiction of the state in educating our posterity, who could deny funding to help with that? They’re still learning academic subjects without having to convey separation of church and state.
Thank you for the message at the end. I am looking forward to learning what role the late Hugo Chávez played in the ballot process. Something to do with delivering pizzas to Hillary and Chad, oh wait Chad messed up the 2000 election in Miami-Dade. You Americans have a very confusing electoral system, a foreigner like me can hardly keep up.
Oh boy, I guess the comment section will be interesting. :/
What about the separation between lemons and steak?
🍋 🥩
LOL
Underrated comment
Can you tell me the name of that ONE judge that didn't side with Lemon on the Rhode Island case?
so when we getting the election video for 2020
Hey mr beat! Not gonna lie you are my favorite historian. ( at least left leaning one )
Thank you!
When will you post 2020 election
please do a video on the presidency of William Henry Harrison
It will be 30 seconds long. haha, but seriously yes I plan on it eventually