The First Amendment: Freedom of Religion “Congress shall make no law respecting the establishment...
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Transcript of The First Amendment: Freedom of Religion “Congress shall make no law respecting the establishment...
The First Amendment:Freedom of Religion
“Congress shall make no law respecting the establishment of religion, or prohibiting the free
exercise thereof…”
The Free Exercise Clause
• Federal law cannot prevent free exercise of religion
• Selective incorporation has applied this to states (and local) governments
• No limit on belief
• Actions may be limited– Violation of laws applying to everyone– Threat to public health or safety
The Establishment Clause
• Prohibits setting up of a state church
• “Wall of Separation”
• Selective incorporation has applied this to state (and local) governments
• When is government involvement OK?– If it has a secular purpose– If it neither helps or hurts religion– If it doesn’t “entangle” the gov’t with religion