The Constitutionality of Separation of Church and State, Freedom of Speech, and the First Amendment in Times of War

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The United States Constitution was originally drafted in 1787 and this did not contain the Bill of Rights. The Bill of Rights was ratified December 15, 1791 (McClenaghan 71). At that time, George Mason and others argued that it should not be included (Bender 27). James Madison believed that adding a bill of rights could give the government powers to take away people’s private rights (Madison 44). He stated that wherever power gives people the right to do something wrong, wrong doings will be done (Madison 44). Madison also felt that a bill of rights would give power to the new government to provide security which did not exist with the State Governments (Madison 44). Thomas Jefferson argued that even a bill of rights that only partially …show more content…
Thurmond inferred that the Constitution only restricts Congress from establishing a specific religion, not the state (Thurmond 152). Another issue that follows the separation of church and state is prayer within public schools. Thurmond stated that by denying children to recite a school prayer is denying them the privilege of sharing our Nation’s spiritual heritage (Thurmond 153). Black argued that the school’s establishment of prayer in class violates the Bill of Rights (Black, “School” 144). Prayers in public schools go against the Constitution’s separation of church and state (Black, “First” 145). Another major part of the First Amendment covers our right to free speech. Free speech is a bond that keeps the Nation together and helps it grow stronger (Douglas 192). Brandeis makes a statement saying that free speech is a necessary good to the public (Brandeis 100). People need to say what is on their minds; public speeches is a political duty strongly upheld (Brandeis 100). Free speech should never be stopped, even if someone is speaking about acting against the law (Brandeis 101). The fear of seriously getting hurt should not give anyone the power to put an end to free speech (Brandeis 101). Safety of the people comes from the opportunity of free speech (Brandeis 100). Along the lines of free speech, comes

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