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Smith and Black were fired from their roles as counselors at a private drug rehabilitation organization for ingesting a powerful hallucinogen, peyote, as part of a religious ceremony at their Native American Church. They then applied for unemployment compensation, but were denied because the reason for their dismissal was work-related "misconduct.”

In the resulting case, Employment Division, Department of Human Resources of Oregon v. Smith (1990), the Supreme Court held that no constitutional violation had occurred. The court stated that individuals are obligated to follow the law that bans the use of peyote, which is a general law for everyone who may possess peyote, for religious or nonreligious reasons.

The court stated that the "compelling government interest test” of previous litigation was inapplicable to "an across-the-board criminal prohibition on a particular form of conduct.”

a) Identify the constitutional clause that is common to both Wisconsin v. Yoder (1972) and Employment Division v. Smith.

b) Based on the constitutional clause identified in part A, explain why the facts of Employment Division v. Smith might have led to a different holding than the holding in Wisconsin v. Yoder.

c) Describe an action that members of the public who disagree with the holding in Employment Division v. Smith could take to limit its impact.

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Answer:

A) They both had the Free Exercise Clause, or the First Amendment.  

B) Wisconsin v. Yoder was about kids not finishing school while Employment Division v. Smith was about doing illegal drugs in the workplace. That is why they had different holdings even though they were both for a religious purpose.

C) A member of the public that is upset about the holding in Employment Division v. Smith could have people sign petitions to pass a new law that would overturn the holding made by the Supreme Court.

Explanation:

a) They both had the Free Exercise Clause, or the First Amendment.  

b) Wisconsin v. Yoder was about kids not finishing school while Employment Division v. Smith was about doing illegal drugs in the workplace. That is why they had different holdings even though they were both for a religious purpose.

c) A member of the public who is upset about the holding in Employment Division v. Smith could have people sign petitions to pass a new law that would overturn the holding made by the Supreme Court.

What is constitutional clause?

The Constitution along with the Amendments is made up of hundreds of clauses in the form of a  section, phrase, paragraph, or segment of a legal document.

a)The constitutional clause that is common to both Wisconsin v. Yoder (1972) and Employment Division v. Smith is First Amendment.  

b)The facts of Employment Division v. Smith might have led to a different holding than the holding in Wisconsin v. Yoder because Wisconsin v. Yoder was about kids not finishing school and Employment Division v. Smith was about doing illegal drugs in the workplace.

c)The members of the public who disagree with the holding in Employment Division v. Smith could take to limit its impact take an action to sign a petition in order to pass a new law.

Learn more about constitutional clause.

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