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US Constitution study guide: Difference between revisions
→{{#tip-text: Amendment 1|}}
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* see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR)}}''' | * see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR)}}''' | ||
==={{#tip-text: | ===Amendment 1 [protections of religion, speech, press, assembly & petition]=== | ||
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. | |||
'''{{#tip-text:Congress shall make no law|Congress shall make no law | |||
* = prohibition on the power of Congress to make certain laws | |||
* = affirmation of the natural rights of religion and speech and the civil liberties of the press, public assembly, and petition of the government}}''' respecting an '''{{#tip-text:establishment of religion|"Establishment clause" | |||
* prohibits the government from establishing a religion | |||
* under the Church of England during 16th and 17th centuries, British subjects were required to join the Church of England and to go to its services | |||
* it effectively banned all other religions and churches | |||
* on its face the Establishment clause prohibits establishment of a national church or religion | |||
* it is generally interpreted to mean a ban on direct federal aid, sponsorship or active involvement to or with a church | |||
* Thomas Jefferson wrote in a private letter that there must be a "wall of separation between Church & State" | |||
* the Court has employed the "Lemon Test" (from Lemon v Kurtzman, 1971) to measure if a law 1) lacks a secular purpose; 2) advances or inhibits religion; 3) constitutes an "entanglement" (being wrapped up or otherwise involved) with religion | |||
* however, it is unclear as to the extent of the Establishment clause regarding any government interaction with a church or religion, for example: | |||
* can the government provide assistance to a religious school? | |||
* is prayer allowed in a public school? | |||
* does "In God We Trust" on coinage constitute an establishment? | |||
* in general, while it is not in the Constitution, Jefferson's term "Wall between Church & State" marks the purpose and application of the Establishment clause}}''', or '''{{#tip-text:prohibiting the free exercise thereof|"free exercise" | |||
* = protects the rights of the citizens to "exercise" (follow, adhere to) of religion | |||
* = prohibition on any governmental restriction upon religion | |||
* thus, for example, praying in a public school, if "exercised" by students and not required or sponsored by the school would not, under the Free exercise clause, constitute a violation of the Establishment clause}}'''; 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. | |||
==={{#tip-text: Amendment 2|}}=== | ==={{#tip-text: Amendment 2|}}=== | ||