University:
University of California, Berkeley
Course:
Law 200.2 | Civil Procedure for LL.M.Students
Academic year:

2020
Views:

112

Pages:

1
Author:

Marilyn James

Wisconsin V Yoder 1. Explain the First Amendment principle at issue in this case. The First Amendment issue in this case issue id that The First Amendment protects the right of people to exercise their religion freely. This means that the government cannot outlaw any religious beliefs. 2. Identify the public policy or law the citizens challenged in this case. The Conservative Amish Mennonite Church were convicted of violating Wisconsin's compulsory school attendance law which requires a child's school attendance until age 1) by declining to send their children to public or private school after they had graduated from the eighth grade. 3. Explain the court’s reasoning describe in the majority opinion. The Wisconsin violated their Free Exercise Clause of the First Amendment. The 14th amendment prevented the state of Wisconsin from compelling the respondents to send their children to formal secondary school beyond 14. 4. Interpret the court’s response to the state’s two primary arguments by identifying the kind of evidence the court relied on to address the state’s arguments. The court satisfied the requirement to send their children to school beyond the eighth grade would interfere with well-established and deeply held religious convictions. He courts also commented that one or two years of high school (until the required age of 16) would not produce enough educational benefits for the compelling government interest. 5. Explain the unique point Justice Douglas made is partial dissent. He felt like the children should be heard and not the family to speak for the children. He felt that the free exercise claims of the parent and not the children.