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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]
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.
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]
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
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]
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 ...
Its Free Exercise Clause guarantees a person's right to hold whatever religious beliefs they want, and to freely exercise that belief, and its Establishment Clause prevents the federal government from creating an official national church or favoring one set of religious beliefs over another. The amendment guarantees an individual's right to ...
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 ...