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“The separation of church and state is a concept defining the distance in the relationship between organized religion and the nation state. It may refer to creating a secular state, with or without explicit reference to such separation, or to changing an existing relationship of church involvement in a state (disestablishment).” (From Google define.) The First Amendment clearly states that,”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.” No laws can and will not be made around one religion over the other. The First Amendment states this because if for example, a law stating that Christians can be the only ones that can have religious building to express their belief, all of the other diverse and other religions in this country would be extremely mad. In my opinion the separation of church and state would be very ineffective. …show more content…
One, it is literally in the document that makes the laws of the United States of America also known as The Amendment. Two, it is very, very bad for businesses across the country. It is bad for business because 70% of the country is Christian and is rapidly going down.”In 2008 80% of the country is Christian, a year later only 76% of the country is”(Gallup.com) The most common religion in the country is going down so that means that basing laws around one religion would be pointless because if more and more outside religions keep coming in then it would not be fair for all the other religions. And 3, “The land of the free…” wouldn't be so free if the laws restricted other religions to practice what they want. Then, less and less people would leave our country or just not even come in the first
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 general court was set on a path to separating the beliefs of the church and the government. Luckily, years later a law would be passed in the Constitution that separates church and state.
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.
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
“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.
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.
It appears the United States government has had a history of favoring Christianity. The United States government's favoritism of Christianity is a clear violation of the Christian faith. the First Amendment. This amendment states that "Congress shall make no law. respecting an establishment of religion or prohibiting the free exercise thereof.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These opening words of the First Amendment of the Constitution set forth a guarantee of religious freedom in the United States. The Establishment clause was intended to accomplish this end by, in the words of Thomas Jefferson, creating a "wall of separation between Church and State." The First Amendment prevented the government from interfering in it's citizens religious lives. It did not, however, prevent the federal government from engaging in it's own.
“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)
In conclusion, the incorporation of the 14th Amendment in regards to the development of understanding and the provision for protection of civil liberties like freedom of religion has changed throughout the history of the United States. The role government has played continues to grow, for better or worse, and may actually require the Courts to revise its interpretation from which laws are developed. Indeed, the separation of church and state has had its highs and lows. From the case involving the busing of children to parochial schools to another addressing the use of prayer in public schools and all the way to the President of the United States forming faith-based organizations to benefit citizens in need of aid, the government, and more importantly its citizens, will continue to closely monitor the progress and protection of their freedom of religion.
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 the people peaceably to assemble, and to petition the government for a redress of grievances.” The first amendment does not state that there was such a separation, but that there was a “wall of separation” which the government could not break. The misunderstood statement from Thomas Jefferson has resulted in Judges who ignore the Constitution and the original intent of the First Amendment of our Founding Fathers (Bonta). The first amendment did not state that there was such a separation, but that there was a “wall of separation” which the government could not break. The misunderstood statement from Thomas Jefferson has resulted in Judges who ignore the Constitution and the original intent of the First Amendment of our Founding Fathers (Thomas Jefferson’s’ letter). The First Amendment does not say “Separation of Ch...
America has been built on freedom throughout the years. Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. America’s law has been designed to protect and preserve these freedoms. The First Amendment guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the federal government shall not restrict freedom of worship. It specifically prohibits Congress from establishing an official, government supported church. Under The First Amendment, the federal government cannot require citizens to pay taxes to support a certain church, nor can people be prohibited from worshipping in any way they see fit. However, if a certain religion recommends a practice that is contrary to public morals, such as polygamy, Congress may prohibit such a practice (Weidner, Daniel, 2002). The people of the United States also have the right to assemble peaceably under the First Amendment. The only restriction comes from the word peaceably. Assembly may not be prevented, as long as the proper authorities have reasonable assurance that the meeting will be peaceful (Weidner, Daniel, 2002).
December 15, 1791 the First Amendment to the United States Constitution was ratified, guaranteeing that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech." At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding (University of Missouri-Kansas City, 2011). Prefacing the institution of the Establishment Clause, society was becoming increasingly concerned that the government was dictating to the people which type of religion they should favor. The tables turned back in forth either favoring Catholicism or Protestantism. Tax dollars were being used to support whatever was being called the state church. During the time that Pierce v. Society of Sisters was being heard, people were becoming increasingly tired of the punishment, imprisonment and increased taxation that was occurring for not conforming to the prevailing religion.
A series of cases will be presented in this paper to provide a clear idea of the First Amendment. Cases that have caused an impact in society and have changed or modified a law. The five rights listed under the First Amendment are: Freedom of religion; “Congress shall not make any law respecting an establishment of religion”. Citizens are allowed to practice any religion they want. Freedom of Speech: it allows the free exchange of ideas necessary for effective decision –making and protects the minority from complete domination by the majority.