Difference between revisions of "Establishment clause"
(copy edit) |
|||
| (6 intermediate revisions by 4 users not shown) | |||
| Line 1: | Line 1: | ||
| − | ''' | + | The '''Establishment clause''' of the [[First Amendment]] restricts [[Congress]] with regards to public practice of [[religion]]. |
| − | The text of the clause reads: | + | The text of the clause reads: |
| − | + | ||
| − | As a result of this clause, enacted into the Constitution in 1791, Congress may not establish an official state religion, nor give | + | {{cquote|[[Congress]] shall make no [[law]] respecting an establishment of religion.}} |
| + | |||
| + | As a result of this clause, enacted into the [[United States Constitution|Constitution]] as a part of the [[Bill of Rights]] in 1791, Congress may not establish an official state religion, nor give preference to one religion over another. The original prohibition has been expanded by the [[Fourteenth Amendment]] to include not just Congress, but government organizations at the state and local levels. It does not apply to actions by private organizations, such as private schools; however, many states have enacted more restrictive measures, called collectively [[Blaine amendments]], to prohibit State funding of sectarian schools. | ||
The Establishment Clause is also complemented by the [[Free Exercise Clause]] which continues "or prohibiting the free exercise thereof." In addition to being restricted from favoring one religion over another, the government may not unduly restrict one religion over another or the practice of religion. | The Establishment Clause is also complemented by the [[Free Exercise Clause]] which continues "or prohibiting the free exercise thereof." In addition to being restricted from favoring one religion over another, the government may not unduly restrict one religion over another or the practice of religion. | ||
| − | The establishment clause creates the basis for separation of church and state. | + | The establishment clause creates the basis for [[separation of church and state]]. A long series of court cases have been filed to determine how the Establishment clause applies to specific fact patterns. In response to lawsuits asserting the Establishment clause, courts have ruled against [[school prayer]] and public displays of the [[Ten Commandments]] on government property. |
| − | == | + | ==See also== |
* [[Religion and U.S. Government]] | * [[Religion and U.S. Government]] | ||
| − | == | + | * [[Separation of church and state]] |
| + | |||
| + | ==References== | ||
<references/> | <references/> | ||
| Line 18: | Line 21: | ||
[[Category:United States Constitution]] | [[Category:United States Constitution]] | ||
[[Category:Religion and Politics]] | [[Category:Religion and Politics]] | ||
| + | [[Category:First Amendment]] | ||
Revision as of 01:11, August 1, 2017
The Establishment clause of the First Amendment restricts Congress with regards to public practice of religion.
The text of the clause reads:
| “ | Congress shall make no law respecting an establishment of religion. | ” |
As a result of this clause, enacted into the Constitution as a part of the Bill of Rights in 1791, Congress may not establish an official state religion, nor give preference to one religion over another. The original prohibition has been expanded by the Fourteenth Amendment to include not just Congress, but government organizations at the state and local levels. It does not apply to actions by private organizations, such as private schools; however, many states have enacted more restrictive measures, called collectively Blaine amendments, to prohibit State funding of sectarian schools.
The Establishment Clause is also complemented by the Free Exercise Clause which continues "or prohibiting the free exercise thereof." In addition to being restricted from favoring one religion over another, the government may not unduly restrict one religion over another or the practice of religion.
The establishment clause creates the basis for separation of church and state. A long series of court cases have been filed to determine how the Establishment clause applies to specific fact patterns. In response to lawsuits asserting the Establishment clause, courts have ruled against school prayer and public displays of the Ten Commandments on government property.
