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Topic: Establishment Clause of the First Amendment


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 [No title]
It is apparent from this simultaneous consideration by the First Congress of the appointment and compensation of chaplains, on the one hand, and the framing of the Establishment Clause, on the other, that the Members of the First Congress did not consider their own legislative chaplaincy to run afoul of the Establishment Clause.
It is apparent from this simultaneous consideration by the First Congress of the appointment and compensation of chaplains, on the one hand, and the framing of the Establishment Clause, on the other, that the Members of the First Congress neither perceived nor intended any friction between legislative chaplaincies and the First Amendment.
In the first session of Congress after the ratification of the First Amendment (the Second Session of the Second Congress), the House and Senate continued their practice of electing chaplains.
www.usdoj.gov /osg/briefs/1982/sg820089.txt   (8751 words)

  
 Jewish Law - Legal Briefs ("Becher v. Becher")
The current framework for determining whether a statute violates the Establishment Clause of the Constitution was enunciated by the Supreme Court in Lemon v.
In holding that the provision did not violate the Establishment Clause, the Court explained that [f]or a law to have forbidden "effects" under Lemon, it must be fair to say that the government itself has advanced religion through its own activities and influence.
In Larkin, the statute held to be violative of the Establishment Clause authorized churches to prevent the government from issuing liquor licenses to any establishment within a 500-foot radius of the church.
www.jlaw.com /Briefs/becher5.html   (2425 words)

  
 Marsh vs Chambers
In applying the First Amendment to the states through the Fourteenth Amendment, it would be incongruous to interpret that Clause as imposing more stringent First Amendment limits on the states than the draftsmen imposed on the Federal Government.
First, it is significant that the Court's historical argument does not rely on the legislative history of the Establishment Clause itself.
The first 10 Amendmentswere not enacted because the Members of the First Congress came up with a bright idea one morning; rather, their enactment was forced upon Congress by a number of the States as a condition for their ratification of the original Constitution.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/marsh.html   (2025 words)

  
 firstamendmentcenter.org: Religious Liberty in Public Life - Establishment clause Index
For the first 150 years of our nation’s history, there were very few occasions for the courts to interpret the establishment clause because the First Amendment had not yet been applied to the states.
Board of Education that the establishment clause is one of the “liberties” protected by the due-process clause.
Although the Court’s interpretation of the establishment clause is in flux, it is likely that for the foreseeable future a majority of the justices will continue to view government neutrality toward religion as the guiding principle.
www.firstamendmentcenter.org /rel_liberty/establishment/index.aspx   (1727 words)

  
 Establishment Clause of the First Amendment - dKosopedia
The Establishment Clause of the First Amendment plainly prohibits the establishment of a national religion by Congress or the preference of one religion over another.
It was not, however, until the middle and later years of the twentieth century that the Supreme Court began to interpret the establishment and free exercise clauses in such a manner as to reduce substantially the promotion of religion by state governments.
It was only a violation of the establishment clause to erect a religious monument on government property; Moore was free to maintain that monument on private land.
www.dkosopedia.com /wiki/Establishment_Clause   (1463 words)

  
 Wallace v. Jaffree
The First Amendment was adopted to curtail Congress' power to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience, and the Fourteenth Amendment imposed the same substantive limitations on the States' power to legislate.
As is plain from its text, the First Amendment was adopted to curtail the power of Congress to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience.
First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion, Board of Education v.
www.tourolaw.edu /patch/Wallace   (6633 words)

  
 separation of church and state
First was the premise that the establishment clause spelled out in the First Amendment as a limitation on what Congress could do was made applicable to the state legislatures by the Fourteenth Amendment — even though the Fourteenth Amendment never mentions religion.
The second premise was that Jefferson was the ultimate authority on the original intent of the First Amendment’s establishment clause.
Rehnquist in that dissent pointed out that not only was Jefferson not the ultimate authority on the original intent of the establishment clause, he was not a party to any of the deliberations that went into formulation of the wording of the First Amendment.
www.catholicherald.com /articles/05articles/separation.htm   (623 words)

  
 Introduction to the Establishment Clause of the First Amendment
Introduction to the Establishment Clause of the First Amendment
Two clauses of the First Amendment concern the relationship of government to religion: the Establishment Clause and the Free Exercise Clause.
At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/estabinto.htm   (1082 words)

  
 FindLaw: U.S. Constitution: First Amendment: Annotations pg. 2 of 21
In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and State.''' 43 But the majority sustained the provision of transportation.
66 First, the loan of instructional material and equipment directly to qualifying nonpublic elementary and secondary schools was voided as an impermissible extension of assistance of religion.
First, it had been argued that the tuition reimbursement program promoted the free exercise of religion in that it permitted low-income parents desiring to send their children to school in accordance with their religious views to do so.
caselaw.lp.findlaw.com /data/constitution/amendment01/02.html   (5835 words)

  
 Establishment Clause of the First Amendment - Wikipedia, the free encyclopedia
The clause itself was seen as a reaction to the Church of England, established as the official church of England and some of the colonies, during the colonial era.
Prior to the enactment of the Fourteenth Amendment to the United States Constitution in 1868, the Supreme Court generally took the position that the substantive protections of the Bill of Rights did not apply to actions by state governments.
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church.
en.wikipedia.org /wiki/Establishment_Clause   (1832 words)

  
 The Claremont Institute » For the Study of Statesmanship and Political Philosophy
Kmiec thinks this reading of the First Amendment is wrong, and so do I. But he goes on to demonstrate that his understanding (or misunderstanding) of the meaning of the First Amendment is fundamentally the same as that which led the court to its current position.
First is the massive fact that the First Amendment was meant to place restrictions on the actions of Congress only, not states, counties or cities.
The Establishment Clause was meant to do one thing: prevent the establishment of an official religion, so that sectarian differences could be taken out of the political realm, thus securing the possibility of a free government that operates by majority rule, while protecting minority rights.
www.claremont.org /writings/000418krannawitter.html   (377 words)

  
 The United States Constitution - The U.S. Constitution Online - USConstitution.net
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
www.usconstitution.net /const.html   (5179 words)

  
 Introduction to the principle of separation of church and state
Established a loyalty oath for legislators and government employees, requiring them to believe in the Trinity, and/or the divine inspiration of the Bible.
The first phrase in the First Amendment states: "Congress shall make no law respecting an establishment of religion..." is called the establishment clause.
They feel that the Amendment should be interpreted literally to mean that the government may not raise any one denomination or religion to the status of an official or established religion of the country.
www.religioustolerance.org /scs_intr.htm   (2058 words)

  
 Prayer Before City Council Meetings and Legislative Sessions
Rather than examining the case under the usual Establishment Clause framework, the Court looked to the history of the use of prayer before legislative sessions, in both the state and federal systems, and relied on this history when finding these prayers to be constitutional.
First, the court found that a literal reading of the “no public money or property” clause would cause the government to discriminate against religious groups.
Based on this reasoning, the court held that there was not an Establishment Clause violation when a legislative body chose not to appoint a certain person to give its prayers.
www.acluutah.org /publicprayer.htm   (1143 words)

  
 Separation of Church and State: Establishment Clause of the First Amendment
Here, the Court established the Endorsement test which analyzes whether a direct government action that endorses religion or a particular religious practice that makes adherence to religion relevant to a person's standing in the political community is invalid because it sends a message to those who do not adhere that they are outsiders.
The court held that student prayers read at high school assemblies violated the Establishment Clause where the principal with concurrence of superintendent granted permission for student council to recite prayers and bible verses of their choosing during school hours.
This statute was later influential in constructing the Establishment Clause in the First Amendment.
law.gsu.edu /library/bibliographies/ebaird.htm   (2206 words)

  
 Untitled Document
In assessing the constitutionality of government actions under the establishment clause of the first amendment, "the statute must have a secular legislative purpose, its principal or primary effect must be one that neither advances nor inhibits religion; finally the statute must not foster 'an excessive government Entanglement with religion.'"
The third prong is based on the idea that the Court, in keeping with the history and tradition of the establishment clause, wants to avoid government surveillance of religion and political division along religious lines.
The establishment clause of the first amendment does not forbid the Catalina Foothills School District from providing a sign-language interpreter for a deaf student at a Roman Catholic High School.
faculty.gvsu.edu /richardm/html/206relig.htm   (2062 words)

  
 Important Establishment Clause cases dealing with religion and education: 1899 to 1970.
A table of important Establishment Clause cases dealing with religion and education: 1899 to 1970.
This was the first time the Court would allow indirect aid to religious schools based on the "child benefit" theory.
The Court acknowledged that the First Amendment was intended to erect a wall of separation between church and state; however, the Court found that the plan to reimburse parents for bus transportation came under the child benefit theory.
members.tripod.com /~candst/table1.htm   (1363 words)

  
 Senator Schumer Misrepresents First Amendment   (Site not responding. Last check: 2007-10-13)
In an attempted refutation of Thomas’ reported position Schumer referred to the “establishment clause” of the First Amendment, and exclaimed “it says ‘separation of church and state’”.
The Everson Court concocted a perverted construction of the establishment clause, and introduced the now prevalent myth of separation by means of quoting Thomas Jefferson out of context in order to invert the meaning of his phrase "a wall of separation between Church and State".
The purpose of the First Amendment was to prohibit the federal government from establishing a single, national denomination, as was the situation in England.
www.philosophynotes.com /medley/schumer.htm   (804 words)

  
 Archived: Secretary's Statement on Religious Expression
First, schools may not forbid students acting on their own from expressing their personal religious views or beliefs solely because they are of a religious nature.
First, school districts should use these guidelines to revise or develop their own district wide policy regarding religious expression.
The Equal Access Act is designed to ensure that, consistent with the First Amendment, student religious activities are accorded the same access to public school facilities as are student secular activities.
www.ed.gov /Speeches/08-1995/religion.html   (2805 words)

  
 Important Establishment Clause cases dealing with religion and education: 1971 to 1977
The Court held that the Act was constitutional generally, but that the 20 year restriction of use of the facility to secular activities alone did foster excessive entanglement and was struck from the plan.
The plan included the loan of textbooks; appropriations of money to schools for state standardized testing, diagnostic health services on school grounds and therapy and counseling to be held at public schools; loan of instructional equipment to parents of parochial school children; and funding of field trips.
The Court held "the pre-eminent purpose for posting the 10 Commandments on school room walls is plainly religious in nature." The plan was held to violate the Establishment Clause.
members.tripod.com /~candst/table2.htm   (1853 words)

  
 Leonard Levy on origins of the First Amendment Establishment Clause   (Site not responding. Last check: 2007-10-13)
The Senate three times defeated versions of the amendment embodying that narrow interpretation, on a fourth vote adopted such a version, and finally abandoned it in the face of uncompromising hostility by the House.
At bottom the amendment expressed the fact that the Framers of the Constitution had not empowered Congress to act in the field of religion.
The “great object” of the Bill of Rights, as Madison explicitly said when introducing his draft of amendments to the House, was to “limit and qualify the powers of Government” for the purpose of making certain that the powers granted could not be exercised in forbidden fields, such as religion.
www.worldpolicy.org /globalrights/religion/levy-1stamend.html   (654 words)

  
 First Amendment and Creationism
The Establishment Clause of the First Amendment prohibits the government from endorsing any particular religious belief.
Our public schools must be true to the First Amendment's mandate against religious divisiveness and remain free from the influence of religious dogma in order for students of all faiths to attend school without fear of coercion.
But proponents of teaching religious explanations for creation in public schools share a distinctly religious view of the world's origin and believe that the public schools should present that view even to the exclusion of science.
www.adl.org /issue_religious_freedom/create/creationism4.asp   (272 words)

  
 Inside the First Amendment   (Site not responding. Last check: 2007-10-13)
The Court's "play in the joints" means, for example, that the free-exercise clause doesn't require the military to allow members of the armed forces to wear religious head coverings such as yarmulkes (as the Supreme Court ruled in 1986 in Goldman v.
But the establishment clause doesn't prevent Congress from passing legislation that permits military personnel to wear religious headgear while in uniform (as Congress did in 1987).
Although the difference between permissible accommodation and establishment of religion is sometimes murky in Court decisions, the justices have drawn some general lines.
www.nna.org /GR/FirstAmendEd06-12-05.htm   (654 words)

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