Sherbert v. Verner Arguments, Impact, Sherbert Test

In Sherbert v. Verner (1963), the Supreme Court ruled that a state must have a compelling interest and demonstrate that a law is narrowly tailored in order to restrict an individuals right to free exercise under the First Amendment. The Courts analysis became known as the Sherbert Test. Fast Facts: Sherbert v. Verner (1963) Case Argued: April 24, 1963Decision Issued: June 17, 1963Petitioner: Adell Sherbert, a member of the Seventh-Day Adventist Church and a textile-mill operatorRespondent: Verner et al., Members of the South Carolina Employment Security Commission, et al.Key Question: Did the state of South Carolina violate Adell Sherbert’s First Amendment and 14th Amendment rights when it denied her unemployment benefits?Majority Decision: Justices Warren, Black, Douglas, Clark, Brennan, Stewart, GoldbergDissenting: Justices Harlan, WhiteRuling: The Supreme Court found that South Carolina’s Unemployment Compensation Act was unconstitutional because it indirectly burdened Sherbert’s ability to exercise her religious freedoms. Facts of the Case Adell Sherbert was both a member of the Seventh-Day Adventist Church and a textile-mill operator. Her religion and workplace came into conflict when her employer asked her to work on Saturday, a religious day of rest. Sherbert refused and was fired. After having difficulty finding another job that did not require work on Saturdays, Sherbert applied for unemployment benefits through the South Carolina Unemployment Compensation Act. Eligibility for these benefits was based on two prongs: The person is able to work and available for work.The person has not rejected available and suitable work. The Employment Security Commission found that Sherbert did not qualify for the benefits because she had proved she was not â€Å"available† by rejecting jobs that required her to work on Saturdays. Sherbert appealed the decision on the basis that denying her benefits violated her freedoms to practice her religion. The case eventually made its way to the Supreme Court. Constitutional Issues Did the state violate Sherbert’s First Amendment and Fourteenth Amendment rights when it denied unemployment benefits? Arguments Attorneys on behalf of Sherbert argued that the unemployment law infringed upon her First Amendment right to freedom of exercise. Under South Carolina’s Unemployment Compensation Act, Sherbert could not receive unemployment benefits if she refused to work on Saturdays, a religious day of rest. Denying benefits unreasonably burdened Sherbert, according to her attorneys. Attorneys on behalf of the State of South Carolina argued that the language of the Unemployment Compensation Act did not discriminate against Sherbert. The Act did not directly prevent Sherbert from receiving benefits because she was a Seventh Day Adventist. Instead, the Act barred Sherbert from receiving benefits because she was not available to work. The state had an interest in ensuring that those receiving unemployment benefits were open and willing to work when a job was made available to them. Majority Opinion Justice William Brennan delivered the majority opinion. In a 7-2 decision, the Court found that South Carolina’s Unemployment Compensation Act was unconstitutional because it indirectly burdened Sherbert’s ability to exercise her religious freedoms. Justice Brennan wrote: â€Å"The ruling forces her to choose between following the precepts of her religion and forfeiting benefits, on the one hand, and abandoning one of the precepts of her religion in order to accept work, on the other hand. Governmental imposition of such a choice puts the same kind of burden upon the free exercise of religion as would a fine imposed against appellant for her Saturday worship.† Through this opinion, the Court created the Sherbert Test to determine whether government acts infringe upon religious freedoms. The Sherbert test has three prongs: The Court must decide whether the act burdens the individual’s religious freedoms. A burden can be anything from withholding benefits to imposing penalties for religious practice.The government may still â€Å"burden† an individual’s right to free exercise of religion if:The government can show a compelling interest to justify the intrusionThe government must also show that it cannot achieve this interest without burdening the individual’s freedoms. Any government intrusion on an individual’s first amendment freedoms must be narrowly tailored. Together, compelling interest and narrowly tailored are key requirements for strict scrutiny, a type of judicial analysis applied to cases where a law may be infringing on individual freedoms. Dissenting Opinion Justice Harlan and Justice White dissented, arguing that the state is required to act with neutrality when legislating. The South Carolina Unemployment Compensation Act was neutral in that it offered equal opportunity to access unemployment benefits. According to the Justices, it is within the state’s interest to provide unemployment benefits to help people looking for work. It is also within the state’s interest to restrict benefits from people if they refuse to take available jobs. In his dissenting opinion, Justice Harlan wrote that it would be unfair to allow Sherbert to access unemployment benefits when she is unavailable for work due to religious reasons if the state prevents others from accessing the same benefits for non-religious reasons. The state would show preferential treatment to people who practice certain religions. This violated the concept of neutrality that states should strive to achieve. Impact Sherbert v. Verner established the Sherbert Test as a judicial tool for analyzing state burdens on religious freedoms. In Employment Division v. Smith (1990), the Supreme Court limited the scope of the test. Under that decision, the Court ruled that the test could not be applied to laws that were generally applicable, but might incidentally hinder religious freedoms. Instead, the test should be used when a law discriminates against religions or is enforced in a discriminatory way. The Supreme Court still applies the Sherbert test in the latter. For example, the Supreme Court used the Sherbert test to analyze policies in the case Burwell v. Hobby Lobby (2014). Sources Sherbert v. Verner, 374 U.S. 398 (1963).Employment Div. v. Smith, 494 U.S. 872 (1990).Burwell v. Hobby Lobby Stores, Inc., 573 U.S. ___ (2014).

A Report On Somali Gang Formation - 795 Words

Somali Gang Formation Somalis began arriving in west in the early 1990s when the civil erupted in Somalia. Refugees fleeing civil war in their homeland did not find the life in the west the milk and honey as they thought it was. Due to language barrier and cultural shock, a widespread unemployment hit the Somali community more than any other races in the UK, Canada and United States. In addition to that unemployment, non-Somali gangs targeted the young Somalis who entered the school system with little or no rudimentary education or English skills. Many factors force the youth to assimilate and form their own gangs. Bullying puts refugee children at risk When east African children and teens are enrolled schools, the first things they meet is negative disparaging remarks thrown at them. Finessa Ferral-Smith, a research analyst with the National Conference of State Legislatures’ Children and Family Program contends that bullying has a negative effect on the children. In 2002, a report released by the U.S secret Service concluded that bullying played a significant role in school shootings (Ferrel-Smith, 2008). Bullying in schools in America is extremely common. Most experts attribute this to children having been exposed to violence in society. Being a victim of bullying has serious long-term consequences. Introvert and recluse children who are victims of bullying are apt to be immersed in depression and poor self-esteem. Some of these victims are more likely to eitherShow MoreRelatedMigrant Workers and Xenophobia1425 Words   |  6 Pagescompetitors. For instance, most successful immigrant groups are Somalis. The reason for the success of the Somalis is their entrepreneurial skills as well as their strong intra-ethnic ties that resemble those of the Indians. Each slum has an isolated â€Å"Somali neighborhood† where most Somali refugees live and work (Abdi, para. 7). Nonetheless, most Somali refugees and immigrants face insecurity from the local vigilante groups and gangs because they view them as aliens. However, there has been no widespreadRead MoreZaire and Rwanda Essay2077 Words   |  9 PagesTanzania and Zaire, moved towards a policy of encampment ensuring that refugees remained in its two camps: Dadaab and Kakuma. Unlike Kakuma which houses Sudanese, Congolese, Burundian and Ethiopian refugees, Dadaab mostly host Somalis. The camp is a mere 90 kilometers from the Somali border in Kenya’s North Eastern Province (NEP) and is composed of three camps with a combined capacity of 90,000 people. At present, it is severely overcrowded and houses over 290,000 refugees in a 50 kilometer radius.16

The Honest to Goodness Truth on Gre Argument Essay

The Honest to Goodness Truth on Gre Argument Essay This practice question is comparable to what you will discover on the test. The prompt tells you what things to do. Sometimes you just have to point out the issue. There's one particular problem, though. Gre Argument Essay - Is it a Scam? The argument essay also requires you to have an excellent language. The first element of the essay we'll analyze is the way that it succeeds in identifying and examining the sections of the argument that are related to the undertaking. You should additionally not write about whether the argument is accurate. Whether it's an argumentative or expository essay which you are writing, it is crucial to develop a clear thesis statement and a very clear sound reasoning. You must by no means agree with the argument. If you just end up discussing two significant questions or assumptions from the argument, it's perfectly fine to wind up with two body paragraphs, but you need to bear in mind that i n the event you have time, there may be a third avenue of the argument that's well worth exploring. Therefore, it's of terrible importance that each one of the information essential for the reader to know the major argument be found within the thesis itself. At times, you should explain the way the logical problem could lead to another conclusion than the one in the prompt. In every one of the 3 body paragraphs of your essay, you should talk about the 3 key parts of the argument that go to demonstrate your point. The question of argument essay is in the shape of an argument written by means of an author. If you can't locate a very clear field of argument, you should notice that the author has jumped to conclusions. One of the absolute most important features about a compelling essay is its capacity to convince the reader by way of sound logical reasoning. The Ugly Secret of Gre Argument Essay It's possible to then practice replicating successful connections between ideas in your practice essays. Certainly, students ought to be careful and steer clear of essay cheat websites. Substance matters more than every other component in regards to your essays. Writing essays is a simple skill to master. If you take a close look at the statistics below, you might have to concur with me. Reading carefully before you write lets you avoid making careless mistakes that may reduce your score. There are scores and scores of mock essays on the net, and with a very simple google search, you can get access to different essays for the GRE. You will get your essay scores approximately 10-15 days following your test date. Facts, Fiction and Gre Argument Essay The argument essay is deemed difficult by a lot of the students. It is different from the normal essays that you have been writing as well as from the issue essay asked in the same section of the test. Every essay writing assignment needs an excellent thesis. It is crucial to note an argumentative essay and an expository essay might be similar, but they vary greatly with respect to the quantity of pre-writing and research involved. The GRE Argument Essay doesn't need to be hard. Because it involves critiquing someone else's argument, rather than building your own, it may be difficult to see at first how you can keep your essay organized. An effective GRE essay is one which is planned out beforehand. The argument essay in GRE demands specific preparation as a way to attempt it successfully. Since you may see, the longer the essay, the greater the grades. The essay graders know that you simply get 30 minutes to compose each AWA essay and in addition, they know that you won't have the ability to cover every potential argument, reason and rebuttal. The grading happens instantaneously, and the moment you submit your essay, you will obtain a composite AWA score, together with different metrics on which your essay was graded. If you are thinking about why, it's because it isn't in any respect easy to grade your essay instantaneously. Gre Argument Essay: the Ultimate Convenience! Some phrases are highlighted to assist you find the structure of the essay and the way that it responds to the particular directive. It isn't hard to get carried away and attempt to enumerate all the logical inconsistencies in the paragraph. So, you must make sure there are at least 5-6 paragraphs in your essay, if you prefer a good score on the AWA. After stating your status in the introductory paragraph, make certain each succeeding paragraph supports that position rather than wandering off topic.

Understanding Of World Literature Samples †MyAssignmenthelp.com

Question: Discuss about the Understanding Of World Literature. Answer: World literature in its most simple sense is the sum total of all kinds of literature that prevails in the world in various cultures and countries. The exchange of literary knowledge between the countries and the appreciation of the same is the essence of world literature. However to define the world literature in a particular way of expression is almost impossible as the characteristic features are extremely varied and the extent of the literary works are limitless. Important is Goethes remark National literature is now a rather unmeaning term; the epoch of world literature is at hand, and everyone must strive to hasten its approach in understanding the purview of the literature in an international arena and how globalization in literature is paving way for further exchange of literary culture. Marx on the other hand in 1847 stated National one-sidedness and narrow-mindedness become more and more impossible, and from the numerous national and local literatures there arises a world literature which may in a way be termed as the Marxists definition of world literature (Prawer, 2014). Fritz Stritch has endeavored in explaining world literature as traffic in ideas between peoples, a literary market to which the nations bring their intellectual treasures for exchange. All these potential descriptions have however not served the purpose of producing an all pervasive and comprehensive definition of world literature. Tartuffe is a play composed by Moliere in 1664. This can be successfully termed as a world literature because the term Tartuffe itself started to be used in the meaning hypocrite in English language (Molire, 2015). Antigone on the other hand was composed long ago in around 440 BC. This work cannot be truly be described as world literature as it mainly centers around the legends and myths of Thebes. However various themes included in the literature goes with todays various issues like civil disobedience, legal institutions, and family bonds. The Stranger by Albert Camus on the other hand perfectly represents the features of world literature, because the title character Meursault is described as "a citizen of France domiciled inNorth Africa, a man of theMediterranean, anhomme du midiyet one who hardly partakes of the traditional Mediterranean culture (Camus, 1993), what can be a better example of world literature which makes the reader go through so many cultures and ideas through one character. Leo Tolstoy completed the work Hadji Murat in his last days. This work eloquently depicts a classic east vs. west theme while depicting the struggle between Russia which was dominantly Christian and Chechnya which was dominantly Muslim. This work sincerely reflects the essence of the term world literature. The main difference between world literature and global literature lies in the fact that global literature is composed keeping in mind the world audience hence the themes are those to which the world readers can connect, on the other hand world literature was not composed keeping in mind the global nature of the readers, but the quality of the work and its themes made the world appreciate it. In conclusion it can be said that though there was and there are endeavors in defining the term world literature but it has not been possible yet. The extent of literature is so vast throughout the world that such possibilities are probably not to be materialized any time soon. Reference: Camus, A. (1993). The Stranger. 1942.Trans. Matthew Ward. New York: Knopf. Molire, J. B. P. (2015).Tartuffe. Oberon Books. Prawer, S. S. (2014).Karl Marx and world literature. Verso Books.