FIRST AMENDMENT

First Amendment

First Amendment

Introduction

All through world history, governments and religions have are present together in various associations types, sometimes closely linked, sometimes at odds with one another, and at times functioning separately. The association between government and religion in the USA is defined by the Constitution. The First Amendment to the Constitution if America states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise…….”. This paper discusses if our present-day notion of the “separation of church and state” is at odds with the Founders' vision of the role of religion in our democratic republic or not.

Discussion

The balance between the First Amendment and the notion of separation of state and church has been a subject of debate since the founding of the USA. The First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first part of this phrase is known as the Establishment Clause, which the courts interpret as meaning the government cannot declare an official religion or favor one religion over another. The clause also prohibits laws that aid one religion or all religions or use tax money to support or aid any religion or religious institution. The second part of the phrase, the Free Exercise Clause, protects followers of all religions (as well as atheists) from laws that would single them out. (Brent, 2010)

The two clauses were designed to ensure religious freedom for all US citizens. The framers of the Constitution were especially determined that US citizens should not be forced to support any religion through taxation, a practice that Jefferson called “sinful and tyrannical.” The nation's founders believed that separation protected government from improper religious influence. It also protected religion from undue government influence.

At times, the Establishment and Free Exercise clauses have appeared to work against each other. One forbids the government from promoting religion, while the other forbids government interference in religious practice. Balancing the two clauses is a constant challenge to the Supreme Court. In the 1962 case of Sherbert v. Verner, for example, the Court ruled that South Carolina could not refuse unemployment benefits to a woman who lost her job for religious reasons. She had been fired because she would not work on Saturday, the Sabbath of her Seventh-Day Adventist faith. By declaring the woman eligible for benefits, ...