This ruling violated the recent
precedent set by Minersville v.
Gobitis. Are appellate courts supposed
to do that? If so, why didn't they?

Answers

Answer 1

Answer:

Maybe this will help

Explanation:

In a case later overruled by West Virginia State Board of Education v. Barnette (1943), the Supreme Court held in Minersville School District v. Gobitis, 310 U.S. 586 (1940), that state legislatures could require public school students to salute the U.S. flag and recite the Pledge of Allegiance without violating students’ speech and religious rights under the First and Fourteenth Amendments.Minersville students refused to salute the flag for religious reasons

Public school students in Minersville, Pennsylvania, were required to begin the school day by reciting the Pledge of Allegiance while saluting the flag. However, two students, Lillian and William Gobitas (a court clerk erroneously changed the family’s last name to Gobitis), refused. They claimed that such a practice violated their religious principles; they were members of Jehovah’s Witnesses, who believed that saluting the flag was tantamount to paying homage to a graven image. After the students were expelled from school, their father filed suit, claiming that his children were being denied a free education and challenging the required pledge. Both the district court and the court of appeals ruled that the required salute and pledge were unconstitutional.

Court upheld compulsory salute and pledge

In an 8-1 decision, the Supreme Court overruled the lower courts by upholding the compulsory salute and pledge. Writing for the Court, Justice Felix Frankfurter acknowledged that the First Amendment sought to avoid the “bitter religious struggles” of the past by prohibiting the establishment of a state religion and guaranteeing the free exercise of all religions. Yet the scope of this right to religious liberty could pose serious questions when, as in this case, individuals sought exemption from a generally applicable and constitutional law.

Citing a series of cases, beginning with the Court’s decision upholding anti-polygamy laws in Reynolds v. United States (1879), Frankfurter reaffirmed the principle that religious liberty had never included “exemption from doing what society thinks necessary for the promotion of some great common end, or from a penalty for conduct which appears dangerous to the general good.” In this case, the “great common end” was achieved through repetition of a “cohesive sentiment” represented by the salute and pledge to the flag, “the symbol of our national unity” that transcended all other differences.

Frankfurter defined the question in Gobitis as whether the Supreme Court could decide “the appropriateness of various means to evoke that unifying sentiment without which there can ultimately be no liberties, civil or religious,” or whether that decision should be left to the individual state legislatures and school districts. For Frankfurter and the majority of the Court, the decision obviously belonged to the legislatures and school boards. Although multiple methods were available for instilling “the common feeling for the common country” and some of those methods “may seem harsh and others no doubt are foolish,” it was for the legislatures and educators to decide, not the Court. The Constitution did not authorize the Supreme Court to become “the school board for the country.”

Stone said the compelled pledge should be unconstitutional

In his dissent, Justice Harlan Fiske Stone presaged the Court’s opinion three years later in West Virginia State Board of Education v. Barnette (1943) that would overrule the Gobitis decision. Conceding that constitutional guarantees of personal liberty are “not always absolutes,” Stone wrote that when legitimate conflicts arise between liberty and authority, the Court should seek “reasonable accommodation between them so as to preserve the essentials of both.” The Constitution did not indicate in any way that “compulsory expressions of loyalty play any . . .


Related Questions

what year did the united states annex texas into the union? i will mark brainliest for right answer

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Answer: On June 23, 1845

Explanation:

June 23rd !!!!! Have a g ood day

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True or false?

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Answer:

True

Explanation:


Looking at the map how many representatives does Virginia have in the House of Representatives

A. I5
B. 11
C. 13
D. 2

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Answer: C. 13

Explanation: Virginia is the state on the east coast of this map with 13.

the answer is C. 13.

The type of ballot shown in the above image is intended for people who cannot make it to the polls. These are known as __________ ballots.

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Absentee ballots. I think this is the answer

A farmer has developed a new type of fertilizer. This new fertilizer costs 20
percent more to produce than the old fertilizer but has better results: The
same land now produces 25 percent more crops each year.
Which statement best describes one way the farm will be affected by using
this new fertilizer?
O A. The farm's marginal cost for fertilizer will increase.
B. The farm's opportunity cost for using fertilizer will decrease.
O C. The farm's opportunity cost for using fertilizer will increase.
O D. The farm's marginal cost for fertilizer will decrease

Answers

The farm's marginal cost for fertilizer will decrease because with new fertilizer the productivity of the land increases. So farmers need less fertilizer to increase production.  So, The farm's marginal cost for fertilizer will decrease.

The term "marginal cost" describes the rise in manufacturing costs brought on by the creation of more product units. A different name for it is the marginal cost of production. Businesses may evaluate how the volume produced affects the cost and eventually profits by calculating the marginal cost. The additional cost to produce a new well is known as the marginal cost. Say, for illustration, that it costs $100 to produce 100 vehicle tires. It would cost $80 to produce one more tire. The cost to produce one extra unit of a good or service is then known as the marginal cost. The marginal cost is determined by the production expenses.

Marginal costing is an excellent method for making decisions. It aids management in making decisions regarding pricing, contrasting various production techniques, setting production activity levels, shutting down production lines, and selecting which of a variety of prospective products to produce.

Learn more about Marginal Cost here: https://brainly.com/question/17230008

#SPJ1

A herd of deer lives in a forest where they eat the leaves of trees. The number of energy storage molecules in the trees and in the deer has increased. What has happened to the amount of carbon in the trees and in the deer? The amount of carbon in the trees and in the deer . . .

Answers

Answer: The amount of carbon in the trees and the amount of carbon in the deer increases.

Explanation: If the number of energy storage molecules in the trees increased and in the deer as deer, then subsequently the amount of carbon will increase.

The trees prepare food and store it in the form of carbon and then the deer eats leaves of trees and also stores energy in the form of carbon.

So, if the number of energy storage molecules has increased in both trees and deer, the amount of carbon stored in it also increases.

Answer:

heres the answer

Explanation:

Why was Vicente Fox important to Mexico?

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Answer:

vicente Fox served was President for Mexico in December 1, 2000 to November 30, 2006. He had a  victory in the federal elections in 2000 ended  70 years rule of the Institutional Revolutionary Party.

Explanation:

who are the current Vice presidents of Zimbabwe?​

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Constantino Chiwenga and Kembo Mohadi

Why was the library of alexandria important to hellenistic culture

Answers

It was where scholars from all over came to study.

How is the three-branch system of government reflected at the local, state, and federal levels?

Answers

Answer:

they are quit close the only difference is that with the state you can appeal and then go to the government level. hope this helps.

Explanation:

Which would allow humans to access groundwater?

a well drilled into an aquifer
a well drilled above the water table
an aquifer capped by thick granite
layers of soil and rock above the water table

Answers

Answer:

A well drilled into an aquifer.

A well drilled into an aquifer would allow humans to access groundwater

What is groundwater?

The water below the ground is called groundwater. It comes from underground cracks and spaces in the soil.

Access to ground water can be gained if we dig a well or use any source that can provide us an access below the water table.

Hence, the objects that allow humans to access ground water are:

A springA well drilled into an aquiferA well drilled below the water table

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when thomas jefferson won the presdential election of 1800 what did this election show

Answers

Answer:

it showed that Thomas Jefferson defeated John Adams by a margin of 73 to 65 electoral votes in the presidential election of 1800

Explanation:

The 1800 United States presidential election was the fourth quadrennial presidential election. It was held from October 31 to December 3, 1800. In what is sometimes referred to as the "Revolution of 1800",[2][3] Vice President Thomas Jefferson of the Democratic-Republican Party defeated incumbent President John Adams of the Federalist Party. The election was a political realignment that ushered in a generation of Democratic-Republican leadership.

1800 United States presidential election

← 1796 October 31 – December 9, 1800 1804 →

What is perspective ?


A . Painting Technique

B . Farming Method

C . Battle Strategy

D . Religious Meditation

Answers

Answer:

the answer would be d hope it helps

What happens when a police officer arrives

Answers

Answer:

Police officers are dispatched to your location by 911. When the police arrive at the scene they look around the scene and pay attention to activity. Police try to determine if any weapons are present and if anyone needs the paramedics. Police also check for warrants for anyone at the scene and whether there are any Orders for Protection, Domestic Abuse No Contact Orders or Harassment Restraining Orders in effect.

Explanation:

When the police arrive they basically investigate on why they were called there the ask for if anyone has warrants they ask for identification cards and they also see if anybody need any medical attention

what do major religions have in common

Answers

Something that the five major world religions (Christianity, Judaism, Buddhism, Hinduism and Islam) have in common is a sense of community. A sense of community provides group cohesion and identity, as well as a way for rituals and traditions to be passed down from generation to generation.

What branch has the power to Impeach/convict the president?

Answers

Answer:The constitution gives congress the authority to impeach and remove

Explanation:

Answer:

The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.

Which international organization can governments participate in to support this organization’s goals?

Answers

Answer:

The UN?

Explanation:

I don't know there are multiple. But, the United Nations is international and gets governments to help support world peace.

I hope this helps. :/

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Answers

Answer:  So people could talk and sell stuff and know whats going on

Explanation:

Old, Middle, and New were used to describe Egypt's

Answers

if its question so this
The history of ancient Egypt is divided into three main periods: the Old Kingdom (about 2,700-2,200 B.C.E.), the Middle Kingdom (2,050-1,800 B.C.E.), and the New Kingdom (about 1,550-1,100 B.C.E.). The New Kingdom was followed by a period called the Late New Kingdom, which lasted to about 343 B.C.E.

if true or false
answer is true

uwu

I, ABRAHAM LINCOLN, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit . . .

–Proclamation of Amnesty and Reconstruction,
Abraham Lincoln

What did people have to do in order for President Lincoln to grant them a full pardon?

They had to take an oath.
They had to free enslaved people.
They had to end their rebellion.
They had to give up their property.

Answers

Answer:

For President Lincoln to grant them a fully pardon:

A. They had to take an oath.

Explanation:

According to the Proclamation of Amnesty, Lincoln is pardoning the people involved in the rebellion with one condition: that they take an oath. Not only must they take it, they must also never break such oath. Even though Lincoln mentions property and slaves, those were not optional conditions for the people to be pardoned. They had no power to decide about whether or not to free their slaves, for instance. However, the oath was still optional. If someone refused to do it, they would not be pardoned.

Answer:

its a

Explanation:

pleaseeeeeee helpppppppppp Do a Hybrid Cross

Fill out the Punnett Square below for this story:

Mary has blue eyes (bb) and David has brown eyes (Bb), if David and Mary have four children what will their eye color be? Will all their children have the same eye color? Why or why not.








Child 1:
Child 2:
Child 3:
Child 4:

Answers

Answer:

no

Explanation:

A bridge usually has expansion joints. They allow the bridge to become slightly longer when it experiences thermal expansion. Look at the diagram below of the bridge joint. When the weather becomes cool, the “teeth” of the joint move away from each other. When the weather becomes warm, they move toward each other. Which statement is true about the particles that make up the bridge? A. When the sides of the joint are close together, the particles have more kinetic energy than they do when the sides are farther apart. B. When the sides of the joint are far apart, the particles have more kinetic energy than they do when the sides are closer together. C. The particles contain the same amount of kinetic energy no matter how much the bridge has expanded. D. The kinetic energy of the particles changes, but the amount it changes does not depend on the temperature of the bridge.

Answers

Answer:

I think it's A.

Explanation:

Answer:a

(a)i took it

Explanation:



HELP PLEASE!!!!!

The development of money led to _______, as it reduced the opportunity costs of exchange.

Answers

Answer: Agriculture

Explanation:

The development of money led to agriculture. As it disallowed the barter system in which the goods are exchanged with the goods. The agricultural goods like crops, grains, fibers and other agricultural products were sold on their valuable market prices with the development of currency, its distribution, and utilization in the market.

Question: The development of money led to _______, as it reduced the opportunity costs of exchange.

Answer: Specialization

French Revolution jigsaw chart

Answers

I don’t get what you mean next time send a picture

can you. please help me ​

Answers

Hi there, can you please mark me as the brainliest? Thank you so much and have a fantastic Day!

Which Latin American country gets the least impact on its economy from investing in education? (20 points)
A. Mexico
B. Brazil
C. Cuba

Answers

Answer:

C. Cuba ;)

Explanation:

Have a nice day

In the early 1900s, racial tensions increased in Georgia because more African Americans were

moving into white neighborhoods.
getting jobs white citizens wanted for themselves.
refusing to take jobs in rural areas.
making more money than white citizens.

Answers

Answer:

getting jobs white citizens wanted for themselves.

Explanation:

Atlanta Georgia was always known as the center of communities for black people with high education,

So, many of black people in Georgia managed to obtained high paying jobs that usually only available to white citizens regardless of the discrimination that they face.

This made a lot of racist extremely unhappy. This disdain toward successful African American community led to an event called the Atlanta Massacre of 1906, where a group of white citizens openly killed and torture black citizens . Approximately, around 100 of African American citizens in Atlanta were killed during the riots.

Answer:

The answer is B

Explanation:

( WORLD HISTORY )
India's current religious traditions originated from which ancient civilization?

Harappan

Hebrew

Aryan

Chinese

Answers

Answer:

Aryan

Explanation:

Aryan civilization was originated from the region near Indus Valley (currently that region exist in India).

Historians tracked back India's current religious traditions into this civilization.  One example of this would be the implementation of Caste system that exist in Aryan civilization and India.

This system separated the citizens into different classes with different status. The highest is held by the religious leaders while the lowest status is held by slaves/servants.

1.What are Europe’s six climate regions?

Semiarid



2.what are the six climate regions by shading in the rectangles next to each region you have listed above. Use a different shade for each region. Shade in your map to show the location of each region.



3.What are the four land regions that form Europe. Then label those regions on the map.



4. Label the Italian, Scandinavian, and Iberian peninsulas.



5. Label the Atlantic Ocean, Mediterranean Sea, Black Sea, and North Sea.

Answers

Answer:

5. label the atlantic ocean, mediterranean sea, black sea, and North sea

It was the year Muhammad became the spiritual and political leader of mo
Which of the following are teachings contained in the Qur'an? Select
three correct answers,
Muslims cannot own slaves.
People cannot convert to Islam.
Muslims cannot eat pork or drink alcohol.
Muslims must wash themselves before praying
People will not be punished for disobeying God.
Women have the right to own property, earn money, and get an education.

Answers

Answer:

Muslims cannot own slaves.

Muslims cannot eat pork or drink alcohol.

Muslims must wash themselves before praying .

Women have the right to own property, earn money, and get an education.

Explanation:

As we can see there are four correct answers, as Muslims cannot own slaves. If they have them, they must release them. It is forbidden to drink alcohol or to eat pork.

Washing before praying is necessary to be pure in front of the God.

Woman have many rights including those above.

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