Tension Between The Establishment Clause And The Free...

1. Explain the tension between the establishment clause and the free exercise clause of the First amendment. Support your explanation with at least one example. First we must understand the purpose of each of these clauses of the First Amendment. A common misunderstanding of the Establishment Clause is that it safeguards individual rights. In reality the purpose of the Establishment Clause is to limit the government’s power in respect to legislating on matters that deals with respecting an establishment of religion.. The Free Exercise Clause has only a sole purpose, the safeguarding of individual rights, specifically related to religion. For all practical purposes there is no â€Å"tension† between these two clauses. The Supreme Court has established that both clauses are independent in their purpose and that neither one is more important than the other Conflict is not possible, for each clause in its own way was a negative on powers that might have been implied from the original Constitution. Two negatives cannot conflict. The religious rights of individuals and the ordering of relations between government and religion –while complementary, not contradictory-are altogether different enterprises. There are several historical court cases involving Jehovah s Witnesses and their rights related to the First Amendment and its multiple clauses. In 1943 West Virginia State Board of Education v. Barnette overturned another landmark case, Minersville School District v. GobitisShow MoreRelatedEssay on Religion in Public Schools 1442 Words   |  6 Pagesfact that there are two clauses dealing with religion in the First Amendment (Warnick, 2012). The Establishment Clause, which disallows the establishment by the government of any particular religion, and the Free Exercise Clause, which prohibits the state from proscribing the practice of religion, are a source of conflict and tension. The tension stems from the fact that upholding one clause can occur at the expense of the other, and thus, the state is forced to choose between them (Department of EducationRead MoreHow Faith Influenced The United States Constitution3323 Words   |  14 PagesFathers, and reveals the general connect ion each has to Christianity through the Puritan’s separation from England. The Founding Fathers and the U.S. Constitution are analyzed so that these elements may be investigated as to illustrate parallels between biblical principles and the substance of the document and the faith of America’s founding fathers. The essay then continues to investigate the faith of the founding fathers and their claims of faith, and the presence of religion in the ConstitutionalRead More Amendments to the Constitution Essay1290 Words   |  6 Pageswhirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times. The First Amendment is one of the most recognized rights in the Bill of Rights. It is a basic right that seemsRead MoreEssay on The Occupy Movement1115 Words   |  5 Pagesgrowing income and wealth inequality in the U.S. between the wealthiest 1% and the rest of the population. The protests in New York City have sparked similar protests and movements around the world. In an opinion piece in the Wall Street Journal, pollster Douglas Schoen wrote that the protesters reflect values that are dangerously out of touch with the broad mass of the American people and have a deep commitment to left-wing policies: opposition to free-market capitalism and support for radical redistributionRead MoreThe Greatest Danger Of American Freedom1210 Words   |  5 Pagesâ€Å"The greatest danger to American freedom is a government that ignores the Constitution.† – Thomas Jefferson. Since the first contact with the Europeans, native peoples in the U.S have been battling with powerful government bodies and have repeatedly lost. Looking back to even before the founding of the Union, native populations have went to war against the progressive, overpowering and belittling nature of the government and have walked away with disease, famine and useless treaties. It is theseRead More Thomas Jefferson Essay1185 Words   |  5 PagesJefferson studied law with Geo rge Wythe. quot;He watched with concern as tension grew between the American Colonies and Great Britain (Nardo 136)quot;. In 1765, Jefferson heard Patrick Henry give his famous speech against the Stamp Act, he saw it stir up the people. In 1767, Jefferson was admitted to the bar. He practiced law with great success until public service began taking all of his time. He divided his time between Williamsburg (college) and Shadwell. At Shadwell, he designed and supervisedRead MoreThe Relationship Between Gilbraltar and the United Kingdom Essay1260 Words   |  6 Pagesinto measures adopted regarding that Title, subject to the EU Council’s approval. The same would also apply in relation to the Schengen Protocol, so Gibraltar is only bound by such measures that the UK has opted into in respect of Gibraltar and can exercise frontier controls on people wishing to enter Gibraltar. It is furthermore, bound by the Protocol dealing with the UK’s non-participation in the third sta ge of economic and monetary union. â€Å"†¦By virtue of Article 28 of the Act [of accession of theRead MoreEssay on Future of Educational Finance4100 Words   |  17 Pageslitigation and court rulings dictating educational decisions. In his work regarding educational trends, Kenneth Stevenson (2010) stated, â€Å"a continuing recession, escalating political polarization, rising racial/ethnic tensions, a growing national debt, and a widening divide between the haves and the have nots portend a future fraught with unprecedented challenges to and clashes over the form and substance of public education in America† (p.1). Analysis of the Lemon Test The Lemon Test was createdRead MoreShould Religion Be Allowed? Essay1961 Words   |  8 Pagesneed to continue to strive to be free of religious bias. Historical background One large reason the church was separated from state was that Thomas Jefferson stated that it was a Christian’s job to â€Å"maintain purity and independence of church†, therefore state and church should be separated(Witte, 2006). This separation also influenced the First Amendment, which â€Å"guarantees religious freedom, expression, assembly, and the right to petition† (First Amendment, n.d.). This forbids Congress advocatingRead MoreEssay about Public Display of Religious Garments3102 Words   |  13 Pagesexceptions. Religious expression must be regarded behind the interests of national security and individual safety. Soldiers in the military must understand that there are certain priorities such as unit cohesion, safety and uniformity that must come first when facing conflict in different environments. The freedom to express one’s religion and tradition through dress is not a universal right and is subject to relativism depending on the pr esent situation and perspective. The Universal Declaration