2305+-+Religious+Liberty+-+The+Establishment+and+Free+Exercise+Clauses

Power Points



Description: In this section we dig further into the first two clauses of the First Amendment. These restrict Congress from passing laws related to the free exercise of religion and the establishment of religion. Together they establish the principle of religious freedom. As with other liberties secured in the Bill of Rights, these restrictions are not absolute. There can also exist a degree of tension between the two. We will review the history of these clauses and the various controversies associated with them. As with most other civil liberties, doing so will take us to a number of Supreme Court decisions which involve questions associated with various laws and actions that touch on these freedoms.

Goals: After reading through the material above, you should be able to address the following questions:

- What relationship existed between church and state during the colonial era? - What were the dominant religions during the colonial era? What was the extent of their power? - Be familar with the concept of a "wall of separation" between the church and state. How it was developed and what Jefferson said about it and why. - What does the US Constitution say about religion? - Be familar with the establishment clause. What does a narrow reading of the clause hold? What does a broad reading hold? - What has the Supreme Court ruled about the meaning of the clause? What is the Lemon Test? What other "tests" has the court developed to assist in interpreting it? - Be familiar with the free exercise clause and disputes regarding religious exercise. What types of religious practices has the court ruled can be restricted? What types cannot?

Key Terms

- religious test clause - oaths and affirmations - establishment clause - free exercise clause - separation of church and state - the Lemon Test - the Coercion Test - the Endorsement Test