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The Establishment Clause and the Free Exercise Clause together read: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. [2]
Justice Rutledge wrote another dissenting opinion which Justices Frankfurter, Jackson, and Burton joined. The four dissenters agreed with Justice Black's definition of the Establishment Clause but protested that the principles that he laid down would logically lead to the invalidation of the challenged law: [12]
Board of Education (1947), Justice Hugo Black wrote: "In the words of Thomas Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and state." In contrast to this emphasis on separation, the Supreme Court in Zorach v.
Writing for the majority, Justice Hugo Black wrote that recitation of a government-written prayer by school children was "a practice wholly inconsistent with the Establishment Clause" that breached the "wall of separation between Church and State". [15]
O'Connor wrote: The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person's standing in the political community. Government can run afoul of that prohibition…[by] endorsement or disapproval of religion.
For decades the Supreme Court has entangled itself in establishment-clause decisions that have been, in the words of Alice in Wonderland, curiouser and curiouser. On Wednesday, it can leaven with ...
Next week, the U.S. Supreme Court will hear oral argument from advocates for and against the preservation of a World War I–era veterans memorial, the Peace Cross, in Bladensburg, Md. The crux of ...
Zorach v. Clauson, 343 U.S. 306 (1952), was a release time case in which the Supreme Court of the United States held that a school district allowing students to leave a public school for part of the day to receive off-site religious instruction did not violate the Establishment Clause of the First Amendment.