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US Constitution study guide: Difference between revisions

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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|}}===
===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|}}===