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American Government Chapter 9, Section 2: Amendment I - The Freedom of Religion

American Government Chapter 9, Section 2: Amendment One
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Terms to Know:
Section 1: Amendment One:
  • The First Amendment makes two statements on religion:
  • (1) Congress shall make no law respecting an establishment of religion.
  • (2) Congress shall not prohibit the free exercise of religion.
These statements were made to:
    • (1) Prevent the establishment of a national religion or state church or the granting to any church or denomination to preferred legal status.
    • (2) Safeguard the right to freedom of religion and liberty of conscience against invasion by the federal government.
    • (3) Permit the individual states to deal with religious establishments or institutions as they saw fit without federal interference.
    No established religion:
    • The declaration that "Congress shall make no law respecting an establishment of religion" does not mean that all religious influences and traditions in public and national life are prohibited.
    • The Lemon Test, which decides establishment clause cases, provides no stability to the law, but confusion.
    Lemon Test Criteria:
    • (1) The law must have a secular purpose.
    • (2) The law's primary effect must be neutral toward religion.
    • (3) The law must not foster an excessive entanglement of government with religion.

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