Establishment Clause
Jan Pidy July 18, 2013
The Establishment Claus and Freedom of Religion Religion has served many purposes for humanity. Even prior to the era of the Aztec Empire (prior to “civilization” as the white man said it), it explained natural events such as seasons and time. It gave order in a world of “unknown” and a shelter from the horrors of the world. Religion was the entire basis for LIFE and being. Today, religion still plays a prevalent role in our lives with families, children and communities. During the seventeenth and eighteenth centuries, many people fled Europe to find religious freedom in the American colonies. In Europe most people were forced to follow a religion selected by the government and to pay taxes to support it. In this way, the Church of England had been the country's official religion since the sixteenth century. People who tried to follow other religions were punished with imprisonment and sometimes put to death. After the colonies revolted against England, became the United States of America, established a federal government and United States Constitution, Congress drafted the Bill of Rights. The Bill of Rights, which consists of the first ten amendments to the Constitution, protects the rights of American citizens. Heeding the feelings of oppression still lingering due to the Church of England and the early American colonies, Congress initiated the First Amendment containing the “Establishment Clause” to protect religious freedom; “The Establishment Clause provides that “Congress shall make no law respecting an establishment of religion.”29 Throughout the years, the Supreme Court has struggled to capture the precise meaning of this phrase.30 The Court has found that, at a minimum, the Establishment Clause must mean the following: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a *545 person to
The Establishment Claus and Freedom of Religion Religion has served many purposes for humanity. Even prior to the era of the Aztec Empire (prior to “civilization” as the white man said it), it explained natural events such as seasons and time. It gave order in a world of “unknown” and a shelter from the horrors of the world. Religion was the entire basis for LIFE and being. Today, religion still plays a prevalent role in our lives with families, children and communities. During the seventeenth and eighteenth centuries, many people fled Europe to find religious freedom in the American colonies. In Europe most people were forced to follow a religion selected by the government and to pay taxes to support it. In this way, the Church of England had been the country's official religion since the sixteenth century. People who tried to follow other religions were punished with imprisonment and sometimes put to death. After the colonies revolted against England, became the United States of America, established a federal government and United States Constitution, Congress drafted the Bill of Rights. The Bill of Rights, which consists of the first ten amendments to the Constitution, protects the rights of American citizens. Heeding the feelings of oppression still lingering due to the Church of England and the early American colonies, Congress initiated the First Amendment containing the “Establishment Clause” to protect religious freedom; “The Establishment Clause provides that “Congress shall make no law respecting an establishment of religion.”29 Throughout the years, the Supreme Court has struggled to capture the precise meaning of this phrase.30 The Court has found that, at a minimum, the Establishment Clause must mean the following: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a *545 person to