Question

The First Amendment protects religious liberty. Identify the two relevant clauses of the First Amendment that...

The First Amendment protects religious liberty. Identify the two relevant clauses of the First

Amendment that do so. Explain the Supreme Court’s interpretation of each of the two clauses.

Make sure to discuss cases as examples in your response.

Homework Answers

Answer #1
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
  • Two clauses of the First Amendment concern the relationship of government to religion: the Establishment Clause and the Free Exercise Clause.
  • The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
  • 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.
  • The establishment clause has generated a good deal of controversy in the last fifty years, especially in the area of school prayer and government funding of parochial (religious) schools. There has not been general agreement on the Supreme Court as to the meaning of this clause, and this has led to seemingly inconsistent decisions.
  • Some justices take a very narrow view of the clause, arguing that the government violates it only if it actually establishes a state religion or coerces individuals to participate in religion or religious activities. On the other side, some justices have argued for a strict wall of separation between church and state, not allowing any government aid or support for religion. Neither of these positions, however, has usually commanded a majority of the Court.
  • The approach taken most often by the Court is one of neutrality. That is, the government may not favor one religion over another, or religion over secularism (non-religion). Under this approach the government may not endorse (actually or symbolically) religion.
  • The most controversial decisions involving the establishment clause have involved the schools, both public and private. As to public schools, the issue has been prayer in the schools. In 1962, the Supreme Court held that a school policy of having a daily prayer violated the establishment clause, even though the prayer was non-denominational and students were not compelled to participate. This decision has been severely criticized by some politicians and religious leaders and has led to several unsuccessful attempts to amend the Constitution.
  • The Supreme Court has held very firm in keeping prayer and other religious activities out of school and official school functions. It has held that schools may not have daily Bible readings, or moments of silence for meditation or prayer, or prayers at school graduations, or even student-initiated and led prayers at a high school football game.
  • Decisions involving the free exercise clause have not been as controversial as those involving the establishment clause. It is clear that all individuals have an absolute right to hold any religious belief, which may not be interfered with by the government. The problem arises as to what extent the government can control conduct that is based on religious belief.
  • “Congress shall make no law … prohibiting the free exercise (of religion)” is called the free-exercise clause of the First Amendment. The free-exercise clause pertains to the right to freely exercise one’s religion. It states that the government shall make no law prohibiting the free exercise of religion.
  • Although the text is absolute, the courts place some limits on the exercise of religion. For example, courts would not hold that the First Amendment protects human sacrifice even if some religion required it. The Supreme Court has interpreted this clause so that the freedom to believe is absolute, but the ability to act on those beliefs is not.
  • Although the government may not specifically target religious practices, its general restrictions on conduct which are directed at everyone may also be applied to persons engaging in that proscribed conduct for religious reasons. For example, the Court held that laws prohibiting polygamy (the practice of having more than one spouse) could be applied to Mormons, even though they claimed that the practice was required by their religion.
  • In the 1990 case of Employment Division v. Smith, the Court changed positions and held that as long as a law was applied to all persons and was not passed specifically to interfere with religion, it would be upheld even if it significantly affected religious practices. The Court held that the state could deny unemployment benefits to a group of Indians who had been fired for using peyote even though they claimed that it was needed in their religious ceremonies. The state was not required to make any special justifications for the law.
Know the answer?
Your Answer:

Post as a guest

Your Name:

What's your source?

Earn Coins

Coins can be redeemed for fabulous gifts.

Not the answer you're looking for?
Ask your own homework help question
Similar Questions
I chose Ghana for my selected country, For your selected country, identify the former colonial ruling...
I chose Ghana for my selected country, For your selected country, identify the former colonial ruling country. Identify your selected country's date of independence from the colonial ruling country, and discuss the length of time the slave trade operated there. Discuss how the depopulation and fractured familial relationships inherent in the slave trade have affected your chosen country. Be sure to support your discussion with relevant examples. Are these effects still felt today? If so, how? Provide examples. Based on...
Consider two supersonic flow cases. In the first case the flow is deflected into itself 30?...
Consider two supersonic flow cases. In the first case the flow is deflected into itself 30? and then expanded 30? so that the final flow is in the same direction as the original flow. In the second case, the expansion happens first, followed by the compression, and again both angles are 30?. In both cases, the upstream Mach number is M1 = 3.2 with p1 = 50 kPa and T1 = 273 K. For each case, make a sketch showing...
Your essay must include an introduction, body, and conclusion, and address all relevant parts of each...
Your essay must include an introduction, body, and conclusion, and address all relevant parts of each question. Your response should be a minimum of 300 words in length. You must include academic sources to support your ideas. Make sure to cite all references you use. Proper citation format for a reference includes the name of the author(s), the title of the work, the date of the publication, and the page number. a. Define how managerial accounting differs from financial accounting....
Topic Have you ever blown across the top of a bottle and made a sound? If...
Topic Have you ever blown across the top of a bottle and made a sound? If so, did you wonder how that sound was actually created? A bottle can be considered a type of air column. For this discussion, first find two empty bottles of different shapes or sizes. You will use these to try to make your own music. In your initial discussion post, address the following: Of the two bottles, which creates the higher note? Explain why that...
In each of the following situations, identify the relevant economic principle and explain how it applies....
In each of the following situations, identify the relevant economic principle and explain how it applies. a) Larissa has lived in her own house for many years. However, rents have recently increased so much that Larissa considers moving into a smaller house and renting out her own. b) Tashonna is a talented singer and she strongly wants to pursue an artist’s career. However, she is two years short of graduating from law school. She is certain she will never be...
Jean Piaget developed one of our first comprehensive understandings of cognitive development.  He is considered by many...
Jean Piaget developed one of our first comprehensive understandings of cognitive development.  He is considered by many to be one of the most influential theorists of our time.  However, researchers have also stated that Piaget underestimated the capabilities of children. What do you say?? Let's see if our experiences agree! Please Include citations. So, for this post, answer the following questions: 1). Discuss two stages of Piaget's stages of cognitive development in detail. Make sure to highlight the strengths and limitations if...
Please respond to each of the following case scenarios. Your perspective is that of a Supervisor...
Please respond to each of the following case scenarios. Your perspective is that of a Supervisor or as an observer evaluating the supervisor’s decision in each of the scenarios unless otherwise advised. Ensure that you identify the specific prohibited grounds if you find that there is the basis for a Human Rights complaint. Also, make sure that you address the relevant issues in each case and provide an explanation, as needed. Limit your response for each scenario, to about 150...
Part 1: Identify two professional challenges Briefly describe five professional challenges that you currently face or...
Part 1: Identify two professional challenges Briefly describe five professional challenges that you currently face or anticipate facing soon. Then, rephrase each of those challenges as questions. Choose the two questions from your list that you feel are the most robust and challenging for you. Provide rationale for your choice of questions. Part 2: Create your mind maps for each question Use a mind map to create a separate map for each question. You may refer to your MindTool mind...
First begin by grabbing two magnets that you might find lying around home. If they are...
First begin by grabbing two magnets that you might find lying around home. If they are fridge magnets, or similar, then place the two faces towards each other about 10 cm apart, and slowly bring them close together. A. Do you feel any force, push or pull, interacting between the magnets? Describe what you notice. Be sure to comment on the distance between magnets. B. Now, flip ONE magnet to the other face, and repeat the experiment, starting about 10cm...
• Part one: Identify and investigate a school or company and interview a representative 1. Discuss...
• Part one: Identify and investigate a school or company and interview a representative 1. Discuss the interaction with your human contact. a. Was their tone welcoming? b. How willing were they to talk about their organization? c. What did they tell you about the organization that you did not already know? 2. List and analyze the organization's mission statement. Cite specific components of the mission statement to support your responses to the questions below a. How does the mission...
ADVERTISEMENT
Need Online Homework Help?

Get Answers For Free
Most questions answered within 1 hours.

Ask a Question
ADVERTISEMENT