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Separation of church and state current issues
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1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds. The free exercise clause is also part of the first amendment stating that “prohibiting the free exercise thereof”. This clause limits and prohibits the congress to regulate people’s religion. Even though it is not generally accepted, minority groups with different religions can practice their faith and not be subject to any disciplinary action for doing so. Citizens can practice their religion freely, and the government cannot enforce a law prohibiting the exercise of this religion. This clause was in issue in the court case Tucaso v. Watkins stating in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. Tucaso refused to declare his belief in God, which resulted in his appointment to Nota... ... middle of paper ... ...ic interest. The initiative and referendum are generally portrayed as an expansion of democracy, giving the people an opportunity to be more involved with state legislation when laws ignore the common interest of the public. One of the main similarities of these two systems is that they both have a bicameral legislature, which means that the legislatures is divided into two decision making bodies: a senate and an assembly (Starr, 62). In this sort of system, it is difficult to have a bias decision. They both also have 3 branches of government, with are the executive branch, which would consist of the governor of California and the president of the United States; the legislative branch, which consists of the U.S. congress and the state assembly of California; and the judicial branch, which consists of the U.S. Supreme Court and the California State Supreme Court.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
According to the Webster-dictionary The First Amendment is an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech. Since the first Amendment was written by our founding fathers and is part of our constitution it should never be violated. Being able to say and express what one thinks without been afraid of going to jail. In the essays “First Amendment Junkie” by Susan Jacoby and “Let’s Put Pornography back in the closet” by Susan Brownmiller both writes about the First Amendment is when one can express them. Jacoby and Brownmiller both write about pornography and the first amendment using pathos and ethos in their writing. However, Jacoby’s essay is more reliable because she uses ethos to provide credible resources, as well as use pathos to appeal to her credibility.
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercise or belief of any religion. However, the government can in fact interfere with religious practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices. The origins of the First Amendment date back to when the Constitution and Bill of Rights were first debated and written down.
The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
The two documents contain very general similarities. They both have a bicameral legislature, which means that they have two chambers or houses. They also both have a Bill of Rights which showcases the rights that the citizens have. Like the U.S. government, the Californian government also has a legislative, executive, and judicial branch where, in short, the legislative branch makes the laws, the executive branch carries out the laws, and the judicial branch interprets the laws, among other things. In order for both governments to run smoothly, California was influenced by the federal system of checks and balances, meaning that no single branch of government can become too powerful. In addition, the state governor has similar duties to the president such as serving as commander in chief of a militia and having the supreme executive power (Cal. Const. art. V, § 1&7). Although, within the similarities, many differences can be noted between the two documents, ranging from minor differences to major differences.
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
“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. Constitution).
The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed"
we had no legally protected rights of free speech in anything like the form we
“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.” (First Amendment Center, 2008)
As violence and murder rates escalate in America so does the issue of gun control. The consequence of this tragedy births volatile political discourse about gun control and the Second Amendment. The crux of the question is what the founding fathers meant when they wrote, “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Since the writing of the Second Amendment the make and model of firearms has changed dramatically and so has the philosophies of the people. A rifle is no longer defined as a single shot, muzzle-loading musket used to primarily protect families or solely for food. Should the weapons we use today be protected by an amendment written nearly 222 years ago? Should the second amendment be rewritten? Does the Second Amendment apply to individual citizens? These questions spark extensive debates in Washington D.C. regarding what the founding fathers intended the amendment to be. The answer to this question lies in the fact that despite hundreds of gun control articles having been written , still the gun control issue remains unresolved. History tells us gun control debates will be in a stalemate until our judicial system defines or rewrites the Second Amend. This paper will examine the history of the Second Amendment, and attempt to define the framers intent, gun control legislation and look at factors that affect Americans on this specific issue...
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
According to Justice Scalia, “if prohibiting the exercise of religion was merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment was not offended.” (Questions and Answers, Map of the RFRA). Thus, the adage is a sham. ".the government no longer had to justify most burdens on religious exercise. The free exercise clause offered protection only if a particular religious practice was singled out for discriminatory treatment.