Shelving Personal Law or Securing Justice

David Barton’s Original Intent: The Courts, The Constitution, and Religion, breaks down the significance of how religion was intended in the First Amendment and its effect on the phrase, “Separation of Church and State.” Barton well illustrates how the founding fathers incorporated the position of religion into the First Amendment. Barton explains how the House Judiciary Committee believes, “The founders did respect other religions; however, they neither promoted pluralism nor intended that the First Amendment do so” (175). They continue to discuss how the founding fathers were all Christians and they expect it to remain that way in the lives of the citizens. In Barton’s views of the First Amendment, he believes it has changed dramastically

The central idea is that church and state should not be considered mutual. In the article, “Letter to Danbury Baptist,” Thomas Jefferson respectfully rejects the Danbury Baptist pursue to making their religion the only religion known to state. He also explains that the separation of church and state is a part of the first amendment and it is one that we are going to keep and adhere to. Another article, “First Amendment to the US Constitution” it states the first amendment and all the freedom we have as Americans. An image, “No Union Upon Any Terms” shows how religion is not part of state. Therefore, church and state should be separate.

about in it by legislations and judicial decisions did not fulfil the desired ends and remained hardly acceptable to a dynamic Hindu society of contemporary era

When discussing the intertwining of church and state; soul liberty and freedom from religious belief, we must recognize that freedom and faith were at one point complementary ideas. Faith was once the foundation for freedom and vice versa. The Declaration of Independence clearly states, "We hold these truths to be self-evident, that all men are created equal and endowed with certain inalienable rights." With these words from the Declaration of Independence, our founding fathers set up their vision of what this country would come to be. Among those rights, which are deemed “inalienable”, is the right of religious liberty. (Neumann, 1990: p. 241)

In 1939 World War II broke out in Europe. Britain proclaimed India’s involvement in the war without consulting the Indian people. This led to increased protest and volatility. In 1942 India established a national army and proposed the Quit India Movement. This movement promised to lend Indian military support to Britain in return for complete independence. If they refused this treaty the Indian people promised civil disobedience. In 1947 India was granted its independence and became self governing (Luscombe, 2012). On January 26, 1950 the Republic of India was proclaimed and it drafted a constitution. The first democratic elections were held in 1952. However the Hindus and Muslims were not united and colonial India was divided into Muslim Pakistan and Hindu India (History, 2010).

singh 1 singh 4 Saurav Singh Sherry Sharifian GOVT 2305 11th November, 2017 Civil Rights and liberties "Civil rights" 1 and "civil liberties" are terms that are frequently used in the same way but the terms are actually very distinct. Rights are fundamental regulative rules that is primary things which should be provided to every citizen of the country. In 1776 Thomas Jefferson brought the Declaration of Independence which conveyed a message of all men are created equal and everybody should be treated equally. After the Declaration of Independence the black were still treated badly and made enslaved so, they started protesting and demanding for the equal right and protection under the law. So, finally in 1968 Civil Right Act was passed that restricted all types of banned which was prevailing due to color, sex, religion and national origin.

Massachusetts: “The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.”

"No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities."

Even though Thomas Jefferson was a deeply religious man, he strongly believed that a person’s faith was a personal matter and that the government had no place in a person’s religion. Jefferson argued that “… strict

A person’s belief in religion should not harm a person’s opportunity to succeed simply because they are part of a minority, Another clause that is very important to America’s freedom is the Free Exercise Clause which gives citizens the right to believe and practice any religion. There are two parts to this clause: the freedom to believe, and the freedom and to act. Every citizen is given the freedom to believe in whatever religion or exercise they want to; however not everyone has the freedom to act. This is because if such freedom to act is allowed, people could violate the freedom of others; as a result, the latter cannot be given to any action. Without this freedom to believe, the government could abuse its power to hurt or discriminate a particular religious group; however the freedom to act has to be restricted, If this freedom to act wasn’t restricted, America could descend into chaos because people could use the freedom to act as justification to any consequence. The first amendment also gives each citizen the freedom of speech. This freedom of speech allows people to speak whatever they

Throughout the years many historians have compilated and examined why Indian people were so desperate to gain back their independence from the British Empire during their rule over India, from 1612 to 1947. The reasoning can most definitely be found as the British discriminated against Indian people as they believe that they were inferior; it is no surprise that Indian people fought so hard for their independence. Throughout the British Raj, they placed and put forward unbelievably racist acts and laws which discriminated against Indian people. Which of course led to Indians to rebel against the British rule and which the British reacted with causing massacres. Explaining the nationalistic many India’s felt during the British Raj.

The First Amendment of The Constitution is acknowledged to be the guarantor of freedom of speech, freedom of peaceful assembly, and freedom of religious practice. In broad terms, the First Amendment is conspicuous as to what it represents. Nonetheless, the Supreme Court was compelled to analyze several cases that have challenged the Freedom of Religion clause, found within the First Amendment, due to the scope in which they have been presented. Furthermore, the analyzing of cases that challenge the Freedom of Religion clause pushed the Supreme Court towards a more complex issue of allowing freedom of religion without an overriding government interest. Despite the fact that most of the cases we’re going to analyze ruled in favor of an overriding

India’s experiment with democracy has, through the years, proven to be a success. There is an established Constitution that is fair to all the people living in the country, the power of the leadership is vested within the people, and the people are able to voice their opinions without fear. These factors create the foundation on which a democratic nation can stand and continue to build on in. The early leaders of India knew of this, moreover they also knew that it was even more important for India to have these qualities because of its extreme diversity and historical past.

The above quote is the first amendment of the Constitution of the United States. In no part does our constitution mention a “separation of church and state.” What it does mention is that Congress is forbidden to tamper with the religious beliefs and practices of its people.

Through the study of human history it is evident authoritative and monarch governments prevailed as legitimate authorities but with careful considerations these political systems were seen as inaccurate by many. New political systems, functions and responsibilities soon began to surface. Democracy was among these new political systems and argues for the influence of citizens in politics and the protection of rights (Dahl, 1998, p. 44). Democracy can be found through many political systems around the world particularly in first world countries such as Canada and the United States of America. Fortunately the notions of democracy can also be found in some developing countries such as India. ¬¬¬Although democratic views and notions are found throughout Indian politics and its associated practices India does not prove to be completely democratic in relation to Robert Dahl’s criteria of democracy highlighted in his book, On Democracy. Robert Dahl, a political scientist and professor, sets up 5 criteria of democracy that includes effective participation, voting equality, enlightened understanding, inclusion and control of agenda (Dahl, 1998, p. 36-7). He argues that a sense of true democracy is founded when all 5 criteria of democracy are fulfilled (Dahl, 1998, p. 36). Unfortunately India is unable to accommodate the criteria of voting equality and effective participation due to its