Constitutional law questions for analysis chapter 12,13,14

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Running head: CONSTITUTIONAL LAW QUESTIONS FOR ANALYSIS

Constitutional Law Questions for Analysis
Name
Institution
Date

1

CONSTITUTIONAL LAW QUESTIONS FOR ANALYSIS

2

Questions for analysis 1
Question 1
a.

The United States was founded with critical focus on maintaining greater

independence of state and religion. The United States v Seeger case created a significant
focus on the underlying focus on the religious independence within the United States based
on the founding doctrines. Daniel Seeger in the case provided a greater focus on critical
focus regarding the assertion that he qualified for a conscientious objector. Thus, he sought
exemption from military because of his religious beliefs. section 6 (j) of the Universal
Military Training and Service act exempted individuals from combatant service in the
armed forces who were opposed to participation in war as a result of the religious beliefs.
b.

According to the Supreme Court, the test of religious belief is determined

by sincere and meaningful belief occupying in the life of its possessor as a place that is
parallel to the place that is filled by God of those individuals who admittedly qualified for
the exemption. The exemption that is take in into consideration in this case does not cover
individuals who are opposed to war from a personal moral code or individual who make a
decision on their own that war is wrong. Therefore the decision on not to participate in war
as a results of religious beliefs should be informed by these elements which form the basis
of a test of religious belief.
c.

The three men represented in the United States v Seeger case had their own

different reasons, which defined their ideology on being exempted from war. Seeger
claimed that questioning or disputing the existence of God did not necessarily mean lack
of faith and thus he stated his beliefs based on the teachings of Plato, Aristotle who
described religious faith as a purely ethical creed and thus he did not base his claim on the

CONSTITUTIONAL LAW QUESTIONS FOR ANALYSIS

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belief in a supreme being. He refused to answer a specific question regarding whether he
believed in a supreme being which forms the basis of section 6 (j) of the Universal Military
Training and Service act.
d.

Seeger claim were denied because he diverted his argument and was not

based on the underlying important aspect, which highlights that an individual must be able
to recognize the existence of Supreme Being. The selective service Board thus found his
claims unable to fully convince under which his claims would be validated. The inability
to answer a question relating to the existence of a supreme being was essential in the
dismissal of the case since it is under the basis of this question that additional
considerations would have been made. The test for of religious belief is very specific and
thus it is cannot be proved, the case cannot be validated.
e.

The religious training and belief is defined as an individual independent

relation and belief in a supreme being, which involves duties superior to the existing
relations that arise from any human relations and do not include any political, philosophical
and sociological views or an individual personal moral code. Therefore based on this
definition there must be a clear relationship between and individual and a Supreme being
with a strategic engagement that is limited to higher level of understanding which are not
influenced by existing ideas which create a very limited level of engagement under the
selective service act.

CONSTITUTIONAL LAW QUESTIONS FOR ANALYSIS

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Question 2
a.

The crèche displ...


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