The Establishment Clause Of The United States Constitution Essay

1494 Words May 6th, 2015 null Page
The Establishment Clause:
Arguments against the interpretation of the Establishment Clause have been more recent than that of the Free Exercise Clause. This Clause states,

“The First Amendment provides that “Congress shall make no law respecting an establishment of religion….” The very first Establishment Clause case brought forth to the Supreme Court was in the 1947 Everson v. Board of Education case. This case is considered a landmark decision, mainly because it tied the Establishment Clause to the Fourteenth Amendment Due Process Clause of the United States Constitution, thus making it applicable to each State. This case set forth boundaries and secured an interpretation of the Establishment Cause which prohibits government actions such as setting up a state church, passing laws which specifically aid one religion, forcing or influencing individuals to attend or not attend church, punishing anyone for ascribing to certain beliefs or disbeliefs, taxes levied to support religious institutions or activities, government participation in religious organizations or participation by religious organizations in governmental activities

In the 1970 Lemon v. Kurtzman case, the longest-standing test was entrenched in the Supreme Court’s interpretation of the Establishment Cause. Thus, the “Lemon Test” was created and is still used in the court today. The Lemon test is a three-prong test and the Supreme has stated that if a challenged law fails to meet any one of these prongs,…

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