The Establishment of Religion Clause -- my narrow interpretation. (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
July 03, 2024, 11:53:22 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  The Establishment of Religion Clause -- my narrow interpretation. (search mode)
Pages: [1]
Author Topic: The Establishment of Religion Clause -- my narrow interpretation.  (Read 350 times)
politicallefty
Junior Chimp
*****
Posts: 8,363
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« on: June 26, 2024, 06:52:46 AM »

I could not disagree more. The Founders placed the Establishment Clause as the first part of the First Amendment. When interpreting the Constitution, we must first always give meaning to the text itself. "[...] [N]o law respecting an establishment of religion [...]" does not imply that actions by the government short of official establishment are constitutional. With that logic, the government could establish an official religion in all but name. I believe that would violate both the text and the intent of the Establishment Clause. It does not simply disempower the government from establishing an official religion, but also from enacting laws that have the effect of respecting any establishment of religion.

I think there are legitimate points to be made with respect to the full reach of the Establishment Clause with respect to the Free Exercise Clause. I think it is the role of the judiciary to harmonize those two principles.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.017 seconds with 12 queries.