The Importance Of Establishment Clause Of The First Amendment

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)

The portrayal of the separation of church and state, and the harmony in the middle of law and religion, is one of persevering disarray in current American protected hypothesis and origination. The Establishment Clause of the First Amendment of the United States Constitution is generally accepted to be the determination of this mass of partition, on the other hand, the Framers never purposed such a divider. Some portion of the perplexity in comprehension religious freedom inside of the setting of the political, lawful, and social measurements of America lives in the United States Supreme Court's foundation and free practice

The First Amendment is an amendment that protects the right of speech, petition, assembly, religion, and press. The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble and to petition the government for redress of grievances.” (heritage.org)

In the First Amendment it states, “Congress shall make no law respecting an establishment of religion.” This is known as the Establishment Clause, and it has been a controversial topic of many Supreme Court cases throughout America’s history. There are three different methods of constitutional interpretation--textualism, intentionalism, and pragmatism—that have shaped the Supreme Court’s rulings on the Establishment Clause. The Establishment Clause is usually interpreted in two different ways: “The Establishment Clause prohibits government actions—federal, state, or local—that promote religion,” and that “The Establishment Clause prohibits the establishment of a national religion.” There is a common metaphor that accompanies the Establishment Clause know as the “wall of separation.” The Establishment Clause has this “wall” in order to keep the church and state separate. This is a reoccurring theme I have seen develop throughout various court cases. I studied four different cases that made it to the Supreme Court: Everson vs. Board of Education, Lynch vs. Donnelly, Lee vs. Weisman, and Santa Fe Independent School District vs. Jane Doe. During the brief period of me studying these four cases involving the Establishment Clause, I have inferred that pragmatism has indicated the utmost dominance in shaping the Supreme Court’s rulings on the Establishment Clause.

While writing the constitution the founding fathers said “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” When they said this they

The first amendment, Establishment Clause, prohibits the state and federal government from establishing an official religion or from favoring or disfavoring one religion over another. Though government cannot declare an official religion, citizens are given the privilege to practice their own religions freely. In Ancient Rome, Constantine the Great ruled the empire from 306 A.D to 337 A.D. He issued the Edict of Milan, which declared religious tolerance throughout the entire empire. Along with this, while on his death bed, he converted to Christianity. After his death, the people of Rome converted as well and Christianity spread under this proclamation which is still part of our society today.

The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”. This Amendment was created to protect the first United States citizens, who were escaping religious persecution and sought the right to freedom of religion and expression without government interference. The United States government is the first in world history to deliberately allow religious freedom. Though the First Amendment states that there should be some kind of separation between church and state, even the highest branches of the United States government use religion to hold citizens and or themselves accountable; thus, many people

The First Amendment to the United States Constitution founded the concrete belief that government and faith-based institutions must and will remain separate from one another. This section of the first amendment disavows the U.S. government to establish or sanction any system of organized faiths or religions upon the people or to outlaw or disgrace any systems of organized faiths as well. But the line discerning the legitimacy of a faith and the true extent of the government's power over faith-based organizations has only remained to become muddled over the past 240 years of its establishment. Over the years, the ideology and true intent of the founding fathers had remained in question, where some believe the amendment addresses to the general

Constitution were in favor of the separation of church and state. The founding fathers felt that a man's religion and faith are personal matters and the government had no right be involved in them. Therefore, I believe they wanted all religions to be protected whether Christian or non-Christian. In Thomas Jefferson’s letter, he states, "I contemplate with sovereign reverence that acts of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State." (How to cite in text) This expression has become well known because it is said to explain the "religion clause" of the First Amendment to the Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. const. amend. I).

NoAny organization or government cannot hide behind the Establishment Clause to suppress religious speech and activities. While Ssome people argued that it was the first time in US history that the Supreme Court created a bad precedent allowing the government to support religion directly with public fund. NoAny religion should not be aided or controlled by the government, because it is essential to separate the government and

This sector of the 1st Amendment is called the Establishment Clause. After a case called Lemon v. Kurtzman in 1971 regarding religious freedom in public schools, a test to ensure that a law was respecting the Establishment Clause was created. “First, the legislature must have adopted the law with a secular purpose. Second, the statute’s principal or primary effect must be one that neither advances nor inhibits religion. Third, the statute must not result in an excessive entanglement of government religion.” This three-pronged test helps ensure that everyone, including students in public schools, have a right to their own religious freedoms and no particular religion is forced upon them which is what the Establishment Clause is all about in the first

The First Amendment to the Constitution prevents the government from impeding the free exercise of religion, disavowing intervention when a religion disagrees with the policies of government. This fundamental liberty has recently come under attack in response to the Supreme Court ruling on same-sex marriage in June, 2015. In response, individual states and the federal government have passed religious freedom laws protecting religious liberty for business owners. The free exercise of religion is a fundamental liberty that should not be abridged by government, and the implementation of religious freedom statutes is necessary to protect the values of the First Amendment.

The Establishment Clause of the First Amendment prohibits teachers from expressing their religious preference while teaching or performing duties as a teacher. However, Title VII requires accommodations of “all aspect of religious observance…” if it does not produce undue hardship on the employer. Based on student performance, required ritual times and declining enrollment, the school district is experiencing hardship, but there are several factors that may constitute a more in-depth review of what is happening with the teacher and her class. For example, I would recommend that she complete her rituals before classes start, during lunch and at the end of the school day. This will provide the required reasonable accommodations for her religious

The debate on religion in the public school is complicated by the fact that there are two clauses dealing with religion in the First Amendment (Warnick, 2012). The Establishment Clause, which disallows the establishment by the government of any particular religion, and the Free Exercise Clause, which prohibits the state from proscribing the practice of religion, are a source of

establishment clause to protect people from an implicit persuasion union of government and religion. That is why this statement is a little bit confused for me.