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First Amendment, United States Constitution

“Congressshall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof…”

  • First Amendment, United States Constitution
    There are two parts to First Amendment religious freedom. The part before the comma is
    the Establishment Clause. Originally, most scholars think it just meant the federal
    government couldn’t establish an official religion for the nation. Over time, it has been
    interpreted more broadly to mean the government can’t promote any specific religion, or
    religion in general. This gets tricky. It’s why there can be a Christmas tree in front of City
    Hall in December, but not a Nativity Scene. A Christmas tree, while certainly a Christian
    symbol, is widely seen by many as more of a generic holiday decoration while a Nativity
    Scene is a depiction of a specific event in the Gospel of Luke, part of the Christian New
    Testament.
    The part after the comma is the Free Exercise Clause, and means the government can’t
    interfere with a person’s right to practice their religion in most cases. This can also get
    tricky. Courts have ruled that legitimate practitioners of certain indigenous American
    religions can use peyote – an illegal Schedule I controlled substance – in religious
    ceremonies. On the other hand, you can’t practice human sacrifice, no matter how
    sincerely you might believe in it.
    Joseph Kennedy was a football coach at Bremerton High School. He prayed at midfield
    after each game – first alone, but later with players and even some members of the
    opposing team joining him. After a scene that the school district describes as chaotic, with
    spectators and reporters knocking down members of the band in an effort to join Kennedy
    at midfield, the school district told him that his prayers violated the district’s policy and
    offered him other options to pray – for example, after the crowd had left. Kennedy
    continued to pray at games, prompting the district to place him on administrative leave
    and, eventually, decline to renew his contract for the following season.
    On the one hand, Kennedy – by all accounts – did this on his own, and those who joined him
    did so voluntarily. On the other hand, this was a public display of religion led by a
    government employee on a field owned and operated by the taxpayers in conjunction with
    a government-sponsored sporting event.
    Where should we draw the line between prohibiting the government from “establishing”
    religion and a policy that would unconstitutionally interfere with a person’s free exercise
    of their religious faith?
    Find the 2022 U.S. Supreme Court opinion in Kennedy v. Bremerton School District. Write
    our usual 2 page double spaced essay. Explain what the majority decided and why. Explain
    what a dissenting opinion is, and why Justice Sotomayor wrote one to disagree with her
    colleagues in this case. Finally, if you were on the U.S. Supreme Court, how would you rule
    in this case and why?

Sample Solution

ultures. Johnson’s cultural web (Figure 7) demonstrates how Nike’s strategy can be improved. Due to how culture can provide an increase in position for Nike in the sports shoes and apparel sector. Nike was founded in 1964, by Bill Bowerman and Phil Knight (About Nike, 2019), they have culture, as they value diversity, collaboration and creativity (Jobs Nike, 2019). They also hold strong routines and rituals, as they believe their employees should be rewarded and compensated for performing well. Improvements can be made from looking at figure 7, as Nike holds a matrix organisational structure, which can hold disadvantages. For example, a disadvantage from this structure as there is more than one boss in this large organisation, which can lead to confusions in the organisation. Secondly, as Nike has a global corporate leadership structure, they hold hierarchies within the organisation, which may make it harder for other employees to succeed further up the company, affecting retention rates of employees leaving Nike, following to an effect in employee morale. This suggests that Nike, will need to change this strategic direction to be at a competitive advantage and maintain their lead in the market. Furthermore, Nike can improve their strategy with a renewal of their lifecycle. Renewal is inevitability in the lifecycle of an old organisation, for example, Nike bringing out a new line of shoes. Starting out with the introduction (Miller and Friesen, 1984), where new shoes are released in the market with advertisement for customers to recognise. Then, growth of the new product where customers willing to pay the price and sales are slowly increasing. Next, is the maturity where sales from the shoes are at their highest and stock is low. Lastly, in the lifecycle there’s a decline period of the shoe range decreasing in popularity. The drivers of change in this sector from looking at the lifecycle are the growth in emerging markets, especially in China where markets are developing from the customers with a desire in sport (Forbes, 2015). The Ansoff matrix (Figure 8) portrays Nike’s growth in their existing market and also shows the direction set for Nike’s organisation strategy. Nike’s market penetration is increasing due to them opening new retail stores in the global market, this would show that Nike’s strategic direction is to increase their market presence globally. Product development is Nike’s most intense growth strategy because of their ability to create products using technology and other factors to enhance sales and make competition in the market. The market development allows Nike to enter new markets like China with the product development,
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