Interpretation of the Establishment Clause - 986 Words

In the First Amendment it states, â€Å"Congress shall make no law respecting an establishment of religion.† This is known as the Establishment Clause, and it has been a controversial topic of many Supreme Court cases throughout America’s history. There are three different methods of constitutional interpretation--textualism, intentionalism, and pragmatism—that have shaped the Supreme Court’s rulings on the Establishment Clause. The Establishment Clause is usually interpreted in two different ways: â€Å"The Establishment Clause prohibits government actions—federal, state, or local—that promote religion,† and that â€Å"The Establishment Clause prohibits the establishment of a national religion.† There is a common metaphor that accompanies the Establishment Clause know as the â€Å"wall of separation.† The Establishment Clause has this â€Å"wall† in order to keep the church and state separate. This is a r eoccurring theme I have seen develop throughout various court cases. I studied four different cases that made it to the Supreme Court: Everson vs. Board of Education, Lynch vs. Donnelly, Lee vs. Weisman, and Santa Fe Independent School District vs. Jane Doe. During the brief period of me studying these four cases involving the Establishment Clause, I have inferred that pragmatism has indicated the utmost dominance in shaping the Supreme Court’s rulings on the Establishment Clause. The use of pragmatism has become more popular in courts today because it can conform to the many changesShow MoreRelatedThe Ten Commandments and the Establishment Clause970 Words   |  4 PagesThe Ten Commandments and the Establishment Clause The United States of America is a free country that encourages its citizens to observe and express their freedom. This freedom is expressed in different ways and forms which include the freedom to exercise any type of religion without the government’s interference or support. This freedom is primarily safeguarded by the Constitution. 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Althoug h in this particular instance, the Supreme Court ruled in favor ofRead MoreThe First Amendment Of The United States Essay1322 Words   |  6 PagesThe first amendment to the U.S. Constitution states, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof†¦Ã¢â‚¬  The Supreme Court has been inconsistent in the application of these sometimes conflicting requirements. At times, the Court takes a separationist position, erecting a solid wall between church and state, and at other times takes an accommodationist position, siding with an individual’s right to exercise their religious beliefs. ReligiousRead MoreCivil Liberties are Constitutional Protections Against the Government1681 Words   |  7 Pagessupport may waiver when it comes time to put those rights into practice. Civil liberties are legal constitutional protections against the government, and basically, tell the government what it cannot do. 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The First Amendment states â€Å"Congress shall make no law respecting an establishment of religionRead MoreAnalysis of the First Amendment1687 Words   |  7 PagesIn the First Amendment, the clause that states â€Å"Congress shall make no law respecting the establishment of religion† is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court caseRead MoreExpansion Of Federal Power : The United States1546 Words   |  7 Pagespowers of Congress, making them most responsible for the growth of federal power. 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As practiced by Congress since the framing of the Constitution, legislative prayer lends gravity to public business, reminds lawmakers to transcend petty differences in pursuit of a higher purpose, and expre sses a common aspiration to a just