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Freedom of Conscience Amendment

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Individual Writing Assignment #1 Since the creation of the United States of America, the controversy of discrimination has run rampant through politics, business, and other areas whose functions are integral to the survival of the nation. On January 21, 2014, Pennsylvania State Representative Gordon Denlinger proposed an amendment to the state Constitution regarding state discrimination laws known as the “Freedom of Conscience Amendment.” According to Denlinger, this new section in Article I of the Pennsylvania Constitution “Will prohibit government from punishing an individual or entity if the individual or entity makes hiring or other employment decisions, or provides services, accommodations (including housing accommodations), advantages, facilities, goods or privileges based on sincerely held beliefs.” Assuming that the state legislature passed this Amendment to the state Constitution, it is necessary to determine whether or not it would survive a legal challenge to its constitutionality in the Supreme Court. After analyzing cases of precedent in the area of racial discrimination as well as the Commerce Clause in the United States Constitution, it is evident that Rep. Denlinger’s Amendment to the Pennsylvania Constitution would be struck down and ruled unconstitutional. Before exploring the justifications behind ruling Rep. Denlinger’s Amendment unconstitutional, it is imperative to see how and why the Supreme Court can make a judgment on the constitutionality of laws, as well as why the challenging of this law specifically takes place in the Supreme Court. The Supreme Court’s power to determine the constitutionality of a law came from the landmark ruling in the 1801 ruling in Marbury v. Madison. Supreme Court Chief Justice John Marshall determined that the Supreme Court had this power, along with being the final arbiter of the meaning of the Constitution

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