Simone Lawson
The Establishment Clause of the First Amendment to the United States Constitution is one of the most misunderstood clauses in the Constitution. It prohibits the government from making any law respecting an establishment of religion. The Establishment Clause, together with the First Amendment's Free Exercise Clause, form the constitutional right of freedom of religion.
| Characteristics | Values |
|---|---|
| Prohibits the government from making any law | respecting an establishment of religion |
| Prohibits the government from | establishing an official religion |
| Prohibits the government from | unduly favouring one religion over another |
| Prohibits the government from | unduly preferring religion over non-religion or non-religion over religion |
| Acts as a double security | prohibiting both control of the government by religion and political control of religion by the government |
| Prohibits the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories | from establishing or sponsoring religion |
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What You'll Learn
The Establishment Clause of the First Amendment
The Establishment Clause prohibits the government from making any law “respecting an establishment of religion”. This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favour one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates.
More broadly, the Establishment Clause provides a legal framework for resolving disagreements about the public role of religion in our increasingly pluralistic republic.
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The Establishment Clause and the Free Exercise Clause
The Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. 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. By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories, are prohibited from establishing or sponsoring religion. The Establishment Clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favour one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates. In the past, the Supreme Court has permitted religious invocations to open legislative sessions, public funds to be used for private religious school bussing, and textbooks and university funds to be used to print and publish student religious groups' publications.
More broadly, the Establishment Clause provides a legal framework for resolving disagreements about the public role of religion in an increasingly pluralistic republic.
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The Establishment Clause and the Bill of Rights
The Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories, are prohibited from establishing or sponsoring religion. 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 First Amendment is part of a group of 10 Amendments to the United States Constitution known as the Bill of Rights.
The Establishment Clause provides a legal framework for resolving disagreements about the public role of religion in an increasingly pluralistic republic. It not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favour one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates. In the past, the Supreme Court has permitted religious invocations to open legislative sessions, public funds to be used for private religious school bussing, and textbooks and university funds to be used to print and publish student religious groups' publications.
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The Establishment Clause and the Supreme Court
The Establishment Clause of the First Amendment to the United States Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This clause, along with the First Amendment's Free Exercise Clause, guarantees the constitutional right to freedom of religion.
The Establishment Clause serves as a double security, preventing both government control by religion and political control of religion by the government. It prohibits the federal government of the United States, as well as the governments of all U.S. states and territories, from establishing or sponsoring a religion. The clause not only forbids the government from creating an official religion but also from taking actions that favour one religion over another or that unduly prefer religion over non-religion, or vice versa.
While some government actions involving religion are permissible and even unavoidable, the precise extent of what the Establishment Clause tolerates is unclear. The Supreme Court has, for example, allowed religious invocations to open legislative sessions (Town of Greece v. Galloway) and the use of public funds for private religious school bussing (Everson v. Board of Education).
The Establishment Clause provides a legal framework for resolving disputes about the public role of religion in an increasingly pluralistic society. It is one of the most misunderstood clauses in the Constitution, and the religiosity of the generation that framed the Constitution and the Bill of Rights has been overstated.
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The Establishment Clause and the separation of church and state
The Establishment Clause of the First Amendment to the United States Constitution, together with the First Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government.
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". This not only forbids the government from establishing an official religion but also prohibits government actions that unduly favour one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
The Establishment Clause provides a legal framework for resolving disagreements about the public role of religion in an increasingly pluralistic republic. Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates. In the past, the Supreme Court has permitted religious invocations to open legislative sessions, public funds to be used for private religious school bussing, and textbooks and university funds to be used to print and publish student religious groups' publications.
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Frequently asked questions
The first establishment clause of the constitution is part of the First Amendment to the United States Constitution.
The first establishment clause of the constitution says: 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof'.
The first establishment clause of the constitution prohibits the government from establishing an official religion, or from unduly favouring one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
The first establishment clause of the constitution acts as a double security, prohibiting both control of the government by religion and political control of religion by the government.
