Essay on "1st Amendment Establishment of Religion Clause"

Essay 3 pages (1434 words) Sources: 0

[EXCERPT] . . . .

1st Amendment Establishment of Religion Clause

The First Amendment of the United States Constitution lists the "Establishment Clause" as one of the first pronouncements. A basic understanding of this clause would claim that Congress will not make any law with regard to a religious establishment. The "Free Exercise Clause" is the second part of the religious clauses found in the First Amendment. In this clause, Congress cannot claim a national religion. The United States Government must also refrain from giving preference to one religion over another. That being said, the Government may not prohibit the exercise of free right to religion.

Even though the United States Government cannot give specific preference to one religion over another, the Government may still enter into a religious domain in order to make accommodations to achieve the purposes of the "Free Exercise Clause." In the beginning of the United States Constitution, the Constitution did not recognize the right to religious freedom.

In 1947, Justice Hugo Black said, "The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church." Black's statement in Everson v. Board of Education (1947) is clear; though Government officials can personally uphold a specific religion, Government official or entity cannot set up a church or show preference for one religion over another. Black also reiterated that no Government can force an individual to profess a belief or disbelief of any religion and that no person can be punished for believing in a particular religion. Finally, he quotes Thomas Jefferson in stating that the clause against establishment was enacted to act as a wall of separation between church and State.

During the Constitution's adoption of the First Amendment, there were many "official" churches, but even during that time, individuals of power were speaking out and stating that there should be a separation between the lines of religion and civil authority. What the Government eventually understood was that this could not be accomplished without enacting rights to religious freedom while keeping Governmental affairs separate. Religion is meant to be virtually untouchable to the Government.

Up until the 1960s, religious prayer was still enforced in school. This was not in keeping with the First Amendment of the United States Constitution. In 1962 a very important decision was made by the Court in Engel v. Vitale regarding a mandatory daily recitation by public school officials of a prayer written by the New York Board of Regents. The Court recognized this forced prayer as being unconstitutional and ruled that it was not the business of the official Government to compose mandatory prayers in school (Black, 1962). Article VI prohibits religious tests as a condition for holding public office.

Maryland has quite a history with regard to the right to religious freedom. In 1649, just fifteen years after the founding of Maryland by a Catholic, Lord Baltimore, the Maryland Toleration Act was enacted. Lord Baltimore wrote, "No person or persons...shall from henceforth be any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof." This Act was appealed and Lord Baltimore would not regain control again until 1658. Baltimore accomplished this by making a deal with colony Protestant's. At this time, the Act would remain strong for thirty years. In 1692, after Maryland's Protestant's Revolution of 1689, freedom of religion in Maryland was rescinded. In 1704, an Act was passed to prevent "Propery in this Province," which prevented Catholics from holding political office. It wasn't until the American Revolution that full religious toleration would be restored not only in Maryland, but throughout the United States. At this time, Maryland's Charles Carroll of Carrollton signed the American Declaration of Independence.

The "Establishment Clause" prohibits the Government from creating a religious establishment or excessively involving itself in any particular religion, particularly for the benefit of one religion over another. This enactment is held to be applicable today. In the "Free Exercise Clause," it states that Congress cannot prohibit the exercise of freedom of religion. The Fourteenth Amendment of the United States guarantees religious civil rights. The First Amendment allows the free exercise of religion, but the Fourteenth Amendment is what prohibits discrimination, including discrimination on the basis of religion. In this Amendment,… READ MORE

How to Reference "1st Amendment Establishment of Religion Clause" Essay in a Bibliography

Related Essays:

1st Amendment Term Paper

1st Amendment

THE FIRST AMENDMENT to the U.S. CONSTITUTION

Origin, Provisions, and Ratification: The original language of the U.S. Constitution encountered difficulty during the original ratification process by those who… read more

Term Paper 4 pages (1121 words) Sources: 2 Style: MLA Topic: American History / United States

---

Electoral College and Freedom of Religion Essay

Government

Though many citizens of the United States are under the impression that the national popular vote every four years leads directly to the election of the President, but in… read more

Essay 4 pages (1142 words) Sources: 0 Topic: Government / Politics

---

Women's Rights Cases for Gender Thesis

WOMEN'S RIGHTS CASES for GENDER and the LAW

"…Woman, as a human being,

has rights the inevitable conclusion of the then new philosophical theory"

Mary Wollstonecraft

(Wollstonecraft & Pennell, 1891,… read more

Thesis 15 pages (4162 words) Sources: 5 Style: APA Topic: Law / Legal / Jurisprudence

---

Constitutional Rights the Constitution Serves Essay

Constitutional Rights

The Constitution serves as the bedrock of American law. It is something that Americans know in their bones. It is something that Americans are proud of, something that… read more

Essay 6 pages (1656 words) Sources: 3 Style: APA Topic: Law / Legal / Jurisprudence

---

Intelligent Design, Evolution Term Paper

Intelligent Design, Evolution

INTELLIGENT DESIGN vs. EVOLUTION

One of the major issues concerning evolution and speciation -- or, rather, how the flora and fauna that we see around us came… read more

Term Paper 6 pages (2283 words) Sources: 4 Style: MLA Topic: Evolution / Creationism

---

View 100+ more related papers  >>