“ Freedom of religion does not equal freedom to take away the rights of other people” (Unknown). The free expressions of religion is protected by the first amendment. Proposed September 25, 1789 the framers protected their citizens against the government controlling their religious freedom. School administrators and students are at a figurative war with the meaning of this amendment. School officials have attempted to ban the use of religious banners at sporting events made by the students; the Establishment and Free Exercise Clause interfere with the school administration's responsibilities and student rights causing the freedom of religion to be used in the wrong way. When creating the first amendment the framers wanted to refrain their new world free of religious control. They accomplished this by establishing the first amendment, which incorporates the Establishment and Free Exercise Clause. The Establishment Clause prohibits the government from making any law “respecting an establishment of religion” (Cornell University). They may not create a national religion or favor any religion by promoting religion, or nonreligion. The government can contravene these laws in several manners. Actions that result in violating the Establishment Clause are constructing a state church, passing laws that aid one religion or certain religions, demanding people to attend or not attend church, taxing religious matters, cooperating or funding church activities or participation of religious organizations in government activities and/or punishing people for what they believe in (NPC). Some cases influenced the law to make a guideline to follow. The guideline they had established is called the Lemon Test. This test possess three questions to answe... ... middle of paper ... ...enta, n.d. Web. 27 Feb. 2014. . NPC. “Freedom of Religion and the Establishment Clause.” National Paralegal College. NPC, n.d. Web. 27 Feb. 2014. . “Sherbert Test Law & Legal Definition.” USLegal. Ed. USLegal Inc. USLegal Inc., n.d. Web. 27 Feb. 2014. . “Student Religious Expression in Public Schools: United States Department of Education Guidelines.” Freedom Forum. N.p., n.d. Web. 27 Feb. 2014. . “A Teacher’s Guide to Religion in the Public Schools.” Freedom Forum. N.p., n.d. Web. 27 Feb. 2014. .
The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
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.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These opening words of the First Amendment of the Constitution set forth a guarantee of religious freedom in the United States. The Establishment clause was intended to accomplish this end by, in the words of Thomas Jefferson, creating a "wall of separation between Church and State." The First Amendment prevented the government from interfering in it's citizens religious lives. It did not, however, prevent the federal government from engaging in it's own.
The incorporation of the 14th Amendment in regards to Civil Liberties is one of the longest and most important constitutional debates of all time. Though the 14th Amendment was adopted in 1868, the Supreme Court rendered their first interpretation of its scope five years later. The Court supported the Privileges and Immunities Clause by a narrow 5-4 vote. This clause was later thought to be the regular basis of enforcing individual citizen’s rights and civil liberties. The development in understanding and the provision for protection of one such liberty, freedom of religion, has changed throughout the history of the United States. Evidence of this can be seen not only in the role government has played but also through several court cases.
Chapter three of Civil Liberties: Opposing Viewpoints inspired me to research today’s issues of school prayer. To understand how we got to where we are today, I first delved into our countries history of court cases pertaining to rulings on prayer in schools. Lastly, to update my audience on how our lives are being affected today, I directed my efforts toward finding current situations. By analyzing these situations, I gained knowledge for a better understanding of why society needs to be aware of these controversies. I don’t think there should be any form of organized prayer in today’s public schools.
The Establishment Clause of the Constitution’s First Amendment clearly reflects the Founding Father’s attempt to avoid the British practice of an intertwined state and church. It is evident that this clause was put into place to avoid government entanglement with religious affiliations. Having spent the majority of my life reciting the Pledge of Allegiance every morning at school, I never realized the government’s failure to comply with the Establishment Clause and ultimately defy the constitution. Having read both sides of the argument, I found Laycock’s assertions to be particularly convincing while Sekulow’s claims were less compelling.
Staver, Mathew D. "Allowing Religious Expression in School Protects Students' Rights." Students' Rights. Ed. Jamuna Carroll. San Diego: Greenhaven Press, 2005. Opposing Viewpoints. Rpt. from "New Federal Guidelines a Real Blessing for Public Schools." Liberator Mar. 2003: 1-4. Opposing Viewpoints in Context. Web. 19 Nov. 2013.
In recent years, teaching religion, or the individual practice of religion in school, has become a very controversial topic. There are many different views on this matter and even more opinions on how it should be handled. There are people on both sides of the spectrum; there are those who believe that it should be taught and allowed in school, and those who believe it should not be taught or practiced in school. If the practice of religion were an option in public schools, students may become more tolerant, as well as knowledgeable, of religions and cultures beyond their own. Secondly, a time interval during the day may be implemented into the school schedule to allow the practice of student’s personal beliefs. Finally, since prayer was eliminated from public school systems, the nation has seen a decrease in education and the increase in crime rate. Even though public schools today are without school prayer, most schools have replaced prayer with a "silent moment of reflection." Prayer should be established into schools, because it generates the exposure to other cultures, allows a calming period for students, and creates well-rounded individuals in society.
The legal basis for religious freedom cases is founded in the First Amendment to the United States Constitution. The First Amendment states: “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.” From this statement, two schools of interpretation were born.
Hawley, Helen, and Gary Taylor. "Freedom of religion in America." Contemporary Review 282.1649 (2003): 344+. Opposing Viewpoints In Context. Web. 20 Apr. 2014.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution).
Steven Smith’s book The Rise and Decline of American Religious Freedom shows how fragile religious freedom is. He does this by developing liberal-pluralist secular orders that has to be tested. Smith attempts to reverse popular opinions about the meaning of religious freedom in America. He does this by explaining the standard story versus the revised, the meaning and significance of the first amendment, the true “American settlement,” and why the American settlement has come apart.
“Congress shall make no law representing an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press...
In 1962 the supreme court of the united states ruled that public schools and other agencies of the government were forbidden to interfere with the viewpoint of a student and their religion (“Prayer and” 2). the court valued school cooperation with religious authorities because it respects the religious nature of our people and accommodates the public to their spiritual needs (“Pros and” 1). althoug...