Analysis of the First Amendment

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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. The free exercise clause is also part of the first amendment stating that “prohibiting the free exercise thereof”. This clause limits and prohibits the congress to regulate people’s religion. Even though it is not generally accepted, minority groups with different religions can practice their faith and not be subject to any disciplinary action for doing so. Citizens can practice their religion freely, and the government cannot enforce a law prohibiting the exercise of this religion. This clause was in issue in the court case Tucaso v. Watkins stating in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. Tucaso refused to declare his belief in God, which resulted in his appointment to Nota... ... middle of paper ... ...ic interest. The initiative and referendum are generally portrayed as an expansion of democracy, giving the people an opportunity to be more involved with state legislation when laws ignore the common interest of the public. One of the main similarities of these two systems is that they both have a bicameral legislature, which means that the legislatures is divided into two decision making bodies: a senate and an assembly (Starr, 62). In this sort of system, it is difficult to have a bias decision. They both also have 3 branches of government, with are the executive branch, which would consist of the governor of California and the president of the United States; the legislative branch, which consists of the U.S. congress and the state assembly of California; and the judicial branch, which consists of the U.S. Supreme Court and the California State Supreme Court.
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