BRENNAN: argued that the danger was that religion would infiltrate the government and the government would push secularization onto religious creeds. An analysis of the statutes in question shows that they impermissible involve the government in “essentially religious activities,” which the Establishment Clause is meant to…
4. Congress shall make no law respecting an establishment of religion (the establishment clause) “or prohibiting the free exercise thereof” (the free exercise clause). These clauses guarantee freedom of religion through the separation of church and state.…
“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.” The Establishment clause for the First Amendment says, “Congress shall make no law respecting an establishment of religion”,…
The second question of the case is whether or not the reading of the prayer violates the Establishment Clause. The Establishment Clause prohibits laws that respect an establishment of religion by congress. Some parents argued that by having the students and teachers recite the prayer, the public was showing that the government was “respecting an establishment of religion”.…
Is the enforcement of the pledge to the flag unconstitutional? In the case Minersville School District v. Gobitis of 1940, the court upheld a Pennsylvania state law requiring all students to say the pledge to the flag. The case was brought to court because it was common practice to expel students from school that were not complying with the law. The children at the heart of the case were ten and twelve years old, and had been kicked out of school. They were refusing to pledge because it conflicted with their Jehovah’s Witnesses beliefs.…
The city of Boerne v. Flores case was ruled by the U.S. Supreme Court in the basis that the religious freedom restoration act (RFRA) surpass the powers of the congress on June 25, 1997. The religious freedom restoration act (RFRA) had been enacted in 1993. The claims appraised in the case could not be applied in the states although they were constitutional in regard to the federal actions. The case started in 1993 after archbishop of San Antonio was denied the permit to expand the local Catholic Church at Texas.…
By the middle of the 20th Century, the United States had emerged as a world…
"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands; one nation under God, indivisible, with liberty and justice for all." The Pledge of Allegiance, written in 1892 by Francis Bellamy has undergone quite an evolution. It was made mandatory in schools by the US Supreme Court in 1940 but was withdrawn three years later, was congressionally recognized as national pledge in 1942 and was further augmented with words “under god” in 1954. Originally meant to be a promise or oath of loyalty to the Republic of United States of America and an expression of patriotism, it has become a lightning rod of controversy, heated passions and lawsuits. The question is whether the Pledge of Allegiance with the words “under god” violates the protections of religious freedoms enshrined in the Establishment Clause of the First Amendment? The phrase “under god” does not violate the freedom of religion found in the first amendment. This Clause dictates, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise…
The establishment clause is interesting to me, personally, because I feel that the clause is as vague as it is precise. The establishment clause states that “congress shall make no law respecting an establishment of religion”, however by not respecting an establishment of religion, you can in turn be respecting an establishment of another religion. In the case Newdow vs. US Congress, The Ninth Court revealed that the sole purpose of inserting ‘under god’ was to advance religion, to differentiate the US from other nations under Communist, or godless, rule. Religion is defined as “a collection of belief systems, cultural systems, and world views…”; to believe in no God most certainly falls under the category of religion, therefore both removing and keeping the ‘Under God’ portion of the Pledge either respects the belief systems of both those who believe in a God, and those who do not. This religious power struggle is the source of our conflict.…
In the First Amendment, there are two clauses that can be applied to religion. The two clauses are the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the establishment of a religion by Congress. Essentially, there will be no “official religion” forced upon the citizens. The Free Exercise Clause allows people to freely take part in any religion and partake in religious rituals.…
The first amendment clearly estates that introduction of new religions are acceptable and there’s no uphold to the citizens in which they have to be Christians. The amendment undoubtedly mentions the root of the United States as “We the people” and not declaring any religious believes or ideas. In the entire Constitution, there’s not mentioning of even once the name of God, Jesus or any particular deities. The treaty of Tripoli it’s an evidence that many didn’t acknowledge it yet, this treaty was made by George Washington. This treaty lucidly estates that Unites States it is not a Christian…
The pledge of allegiance has remained an important part of the American legacy and culture. It takes part in the American school system, in American sports, and in many other areas. Many say that the pledge holds a place in their hearts, where it allows them to show their pride for their country. But in this pledge there are two words that have a tendency ring in the ears of many Americans, “under god.” In a country that is proud of the separation of church and state, we leave these words in a pledge that is said everyday by millions of Americans who believe and trust the right of separation of church of state yet we fail to do this for a major component in American culture. The words “under god” hold little meaning and should not be placed in the pledge of allegiance, they should be removed permanently.…
“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.” (First Amendment Center, 2008)…
In spite of this, the freedom to protest via burning of the flag is protected by law. The most recent occurrence of when the Supreme Court had to re-establish this was in 1989, in the case of Texas vs. Johnson. According to an article posted online by a website known as the Law Library, Gregory Lee Johnson had been convicted of “desecrating a venerated object in violation of Texas Penal Code section 42.09(a) (3)”. He had been given a fine of two thousand dollars and a sentence of a year in prison. Fortunately, his conviction was reversed by the Supreme Court. That same article went on to say, “The Free Speech Clause, the court ruled, forbids the government from establishing an orthodox symbol of national unity that is insulated from public criticism, symbolic or otherwise”.…
After the 9/11 attack, piles and piles of rubble were left sitting in New York after the collision of the Twin Towers. While searching through the rubble, one item was not damaged. That one item, a Christian cross, was taken to court to be banned from being displayed in the museum and memorial (Armstrong). Many people strongly disagreed with the thought of taking the cross to law enforcement and decided to argue against the idea to keep it and have it displayed in the museum to honor those who had to sacrifice their lives during the attack. The Christian cross is a clear symbol for the religion (The Cross at Ground). This can be agreed by any non-Christian as well (The Cross at Ground). If this problem wasn’t addressed, the faith that was coming…