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Introduction It is found that in the First amendment of the constitution, the main issue discussed is the amendment of Freedom of Religion - Course Rated

July 13, 2020by admin

1. Introduction It is found that in the First amendment of the constitution, the main issue discussed is the amendment of Freedom of Religion. The idea that religion is a wide topic of concern to a number of people in the United States presently does not provide a true illustration.
It is also not accurate to say that due to increased attention to religion from the government at present, it is regarded as more important than previously anticipated. There has been more concern regarding religious activities and governance processes.
Presently, a number of headlines put more focus on issues surrounding people. Many cases of conflict between religion and governance have been reported such as abolition of displaying religious information such as the Ten Commandments in court buildings.
During the reign of George W. Bush, he was criticized for funding faith based organizations despite being barred in previous years.
Another issue that resulted into the amendment of the freedom of Religion is the complaints from parents who did not want holiday decorations on school buses use by their children.
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Another issue that resulted into the amendment of the freedom of Religion is the complaints from parents who did not want holiday decorations on school buses use by their children.
Generally, there were a combination of local, national and regional that had a conflict between religion and government. This is a tricky situation based on the fact that America is composed of people who have different religious affiliations while a number of Americans work for government to a certain extent.
This has resulted into the need to separate religiousness of people and the functions of government and its function on the people to be separated and the government and religion to coexist without interfering with the activities of one another.
It has also been necessary to determine those boundaries that should not be violated by either the government or religious institutions. This paper explains the impact of the first amendment with the focus on freedom of religion.
This does not result into a change in the mind of a person about the subject put it is based on personal ideas. It is aimed at changing minds through elaborating the contents of the constitution, the ideas of the Supreme Court about the topic over time and the ideas about the topic in the present America.
2. Thesis Statement Following the First amendment of the Constitution, there have been changes in Freedom of Religion. The main areas of Freedom of Religion have been the boundaries between religious organizations and the federal government so that none of the two institutions interferes with the activities of another. This paper provides an investigation of the first Amendment with the focus on Freedom of Religion and how it has impacted on the Freedom of Americans towards their religious activities. It also investigates contemporary issues that have been affected as a result of the 1st amendment of the constitution with the focus on Freedom of Religion.
3. Background In the original constitution, it was observed that religion made a single direct appearance and focused on the need for religious freedom. This was stated in article 6 of the constitution which could be interpreted that during assumption of offices in the United states, religion would not be used as one the requirements for qualification to be in a particular office.
However, it has been necessary to ensure that religious backgrounds are not used as a basis for barring people from assuming offices. This was mainly aimed at protecting the Jews and Muslims.
In most debates, it was found that religion was not adequately discussed. There existed few religious groups affiliated to Islam, Hinduism or etheism with the greater majority being Catholics and a few Protestants side of Christianity.
There were a number of disagreements regarding style and the manner in which worship was conducted and there were concerns regarding the impact of a particular religion being used as the factor to consider in control of the government.
It was also observed that religion was used as a basis on which persecution and oppression was practiced and efforts had been made to ensure no preference is given to a religious group during assumption of political offices.
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It was also observed that religion was used as a basis on which persecution and oppression was practiced and efforts had been made to ensure no preference is given to a religious group during assumption of political offices.
This was mainly contributed by James Madison who made efforts to ensure no preference was given to a particular religious group or state and he also proposed tax aid that could be used to fight against religious efforts.
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This was mainly contributed by James Madison who made efforts to ensure no preference was given to a particular religious group or state and he also proposed tax aid that could be used to fight against religious efforts.
Despite the defeat of the motion in the Congress, it marked a significant milestone in ensuring no religious favors were made in assumption of public offices.
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Despite the defeat of the motion in the Congress, it marked a significant milestone in ensuring no religious favors were made in assumption of public offices.
Consequently,
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Consequently, it has been observed that a number of activities such as the swearing in oath have been designed in a manner that it does not include religious statement but responsibility to perform a particular task.
4. Discussion 4.1.
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4. Discussion 4.1. The First Amendment It was thought that the Framers had constructed a document that would ensure they implement a number of needs of US citizens but they mainly focused on the bill of rights that were to be enjoyed by people of the United States irrespective of the existence of a rule that contradicted the rights.
Those who supported the constitution thought that there was no need for a bill of rights due to lack of authorization of the central government to legislate on issues it was not mandated to do,
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Those who supported the constitution thought that there was no need for a bill of rights due to lack of authorization of the central government to legislate on issues it was not mandated to do, because it was assumed that the rights of the people could be adversely violated.
Finally,
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Finally, those who supported the Constitution such as James Madison accepted the implementation of the bill of rights in the Constitution by agreeing that the rights of the people should be amended in the ratification documents.
There was a push for the inclusion of the bill of rights in the constitution which culminated in a speech that was made by Madison on June 1789 where a series of article amendments were read.
One amendment included an amendment to the freedom of religion. For instance,
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One amendment included an amendment to the freedom of religion. For instance, it was proposed that civil rights shall not be based on religious beliefs of a person and all citizens shall be accorded equal rights of conscience in a manner that these rights cannot be infringed.
It was also agreed that the congress shall not be involved in making laws pertaining to religion or laws that infringed the rights of conscience. In Virginia, it was stated that no religious sect would be regarded as superior over another and no favor will be accorded any particular sect.
in new York the Federal Law States that people will be allowed to exercise their rights to religion according to natural laws that dictates the conscience of an individual and that there would be no favor of particular religious sects in preference for other organizations.
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in new York the Federal Law States that people will be allowed to exercise their rights to religion according to natural laws that dictates the conscience of an individual and that there would be no favor of particular religious sects in preference for other organizations.
In addition to the New Hampshire’s wide reaching proposals, there are elements of commonness for all the laws pertaining to religion.
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In addition to the New Hampshire’s wide reaching proposals, there are elements of commonness for all the laws pertaining to religion.
For instance, it was stated that there would be no national religion, compared to some European countries where this law applies.
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For instance, it was stated that there would be no national religion, compared to some European countries where this law applies.
In addition, there would be no favor to a particular religion by the government and thirdly,
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In addition, there would be no favor to a particular religion by the government and thirdly, people would be allowed to exercise their freedom of worship in a manner that they considered suitable to them. Contrary to European countries where there are official states churches, in American states, there are a number of denominations which have made it difficult to come up with a single national religion.
In the United States,
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In the United States, the state was lowed to ratify a church but it was not allowed to take part in running the affairs of the church after it had been ratified.
Finally, the 1st amendment only contributes towards prevention of establishment of a national religion, as well as prohibiting provision of aid to religious organizations without preferring to assist any religion.
Furthermore, it ensures the rights of people to religion are protected. On the other hand,
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Furthermore, it ensures the rights of people to religion are protected. On the other hand, the Bill of rights did not have an effect on the manner in which the state treated its churches. In contrast to the present,
there was still freedom of the state to establish churches as well as require churches to pay taxes and in some cases require people to attend churches.
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there was still freedom of the state to establish churches as well as require churches to pay taxes and in some cases require people to attend churches. Based on this clause, it was difficult for federal governments to establish a national religion and also ensured the federal government was prevented from forcing a state to disestablish a religion that was official in a particular state.
4.2. The wall of Separation The main purpose of the wall of separation is that it aimed at preventing the state from interfering with the activities of the church. The efforts to separate the activities of the church from those of the state were contributed by Thomas Jefferson despite the fact that he was not a member of congress. This resulted into his drafting of a bill that was aimed at ensuring churches were protected from paying taxes so that religious education could be furthered. The main focus of Jefferson’s act was to emphasize on the need to avoid compelling people to be committed to the activities of the church,
restraining them or molesting them on the basis of their religious beliefs. This resulted into the passing of this act despite a few difficulties that were experienced.
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restraining them or molesting them on the basis of their religious beliefs. This resulted into the passing of this act despite a few difficulties that were experienced.
4.3. Supreme Court cases An example of a Supreme Court case between the church and state was in the Terret v Taylor (13 US 43 [1815],
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4.3. Supreme Court cases An example of a Supreme Court case between the church and state was in the Terret v Taylor (13 US 43 [1815],
where it was required that the court should make a rule regarding church lands which was initially under Fairfax County,
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where it was required that the court should make a rule regarding church lands which was initially under Fairfax County,
Virginia but was acquired by the new District of Columbia as a result of delineation of the district by the Congress.
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Virginia but was acquired by the new District of Columbia as a result of delineation of the district by the Congress.
Episcopal Church group from Alexandria sued the trustees of the church about their intention to sell a section of the land that had been deeded to them by the state.
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Episcopal Church group from Alexandria sued the trustees of the church about their intention to sell a section of the land that had been deeded to them by the state.
On the basis of the 1st Amendment, it was not a legal responsibility of the state to deed the church.
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On the basis of the 1st Amendment, it was not a legal responsibility of the state to deed the church.
This argument was rejected by the Court that the land that had been deeded could be repealed according to the state laws of 1798 because the 1776 law on which the church was deeded did not have relevance in the constitution.
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This argument was rejected by the Court that the land that had been deeded could be repealed according to the state laws of 1798 because the 1776 law on which the church was deeded did not have relevance in the constitution.
The argument of the court is that it could not rule on make a ruling on the constitutionality of such deeds. This implied that the newer laws divested the companies and corporations that were acquired legally.
However, the court agreed that there was no lack of consistency neither between the 1776 law and the constitution nor with the Virginia Bill of Rights. There were also cases where the definition of the term ‘religion’ required to be understood. This resulted into reference to Jefferson’s words in the Virginia Act so that a proper definition could be obtained. In another religious case in the 20th century, it was found that religious freedoms were protected from infringement by the state on the basis of 14th amendments. This resulted into formulation of a number of freedoms. First, it was agreed that any practice of worship would be accepted and people would be allowed to exercise their freedom of speech and freedom to exercise their allegiance to those religious groups. This showed that the main areas that the amendment protected included the freedom to believe and the freedom to act.
It was agreed that the first Freedom was absolute and it could not make sense if people could not be allowed to act according to their beliefs. It also stated that while solicitation for a religious sect would be allowed, it would only be allowed if it was aimed at accomplishing a religious purpose.
An example of a situation where the 1st Amendment laws on freedom of religion was implemented is the case where payment were authorized by New Jersy schools to parents whose children attended parochial schools.
According to this payment system, children who attended parochial schools did not pay bus fares for attending events but their fares were paid by the public funds. Due to the fact that freedom of religion did not prohibit payment of funds to parents whose children attended parochial schools, it was difficult to rule this case against the parents and the case was withdrawn.
4.4. Contemporary issues a. Prayer in schools The 1st amendment laws have been applied in a number of cases where there is the need to resolve prayer issues in schools. An example of such a case is the suit involving Good News Club v Milford Central School where there was the claim that the Central School had excluded religious clubs from using its facilities after school hours due to the fact that the club was religious.
However,
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However,
the Supreme Court ruled that the school was not allowed to exclude the clubs from using its facilities because it was equal to discriminating against the club on the basis of their religious viewpoint.
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the Supreme Court ruled that the school was not allowed to exclude the clubs from using its facilities because it was equal to discriminating against the club on the basis of their religious viewpoint.
This was seen as a violation of the members of the club towards their freedom of speech.
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This was seen as a violation of the members of the club towards their freedom of speech.
The process of banning a religious organization in this manner was aimed at avoiding Establishment Clause issues.
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The process of banning a religious organization in this manner was aimed at avoiding Establishment Clause issues.
However, it was found that since the club meetings could be conducted after school hours; it was not an implication that the school was endorsing religion.
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However, it was found that since the club meetings could be conducted after school hours; it was not an implication that the school was endorsing religion. It was consistently emphasized by the Supreme Court that it is not required for a school to endorse a religion or a particular sect into the institution.
However, when this case is effectively interpreted, it is found that the club members had the right to conduct their activities using the facilities in the school compound. In most cases as was in the cases of Good news, schools have been involved in violation of Lemon Test’s second prong.
There was also a case involving the issue of public broadcasting of prayers using PA system during extra-curricular activities such as football games and graduation ceremonies. In the case, a school principal, Mr.
Robert Lee hired a rabbi to deliver an invocation and benediction when graduation ceremonies were held in the institution in 1989. One of the graduates was not pleased with the activity and he decided to seek court order to prevent future prayers during graduation ceremonies.
The Court declined to honor his claim because those who attended the event were not coerced to do so and the event was held in school facilities. When the issue was taken to the Court of Appeals, the decision of the District Court was supported.
This is because while the prayers offered were not based on a particular sect; they were aimed at thanking God. Furthermore, the prayers were read out from a pamphlet that was issued as a guide so that non-sectarian prayers could be offered, but they were offered in good faith.
There was also a prayer case in which prayer was conducted during extra-curricular school activities in Santa Fe School District v Doe (530 US 290 [2000]) where it was required that the Court should rule on the issue.
At this school, one student was assigned the role of student council chaplain. He prayed using PA system during football games. A number of Catholic and Mormon students and their parents sought a court injunction of the practice.
This resulted into the school conducting a referendum in which most students agreed that the practice should continue. The District Court also agreed that the practice should continue provided it was not sectarian.
However, after effective investigation, it was found that the voting process was organized so that majority of students supported the practice. It was also found that some members of the school were coerced to participate in the practice.
These included cheerleaders, band members and the team members. This was an example of a case where there was a loss to religion following 1st amendments of the constitution. However, all the cases above illustrate a win for religious freedom because in the case of Santa Fe, the decision was aimed at making students have freedom to choose whether they would participate in prayers during the event or not.
b. Judge Roy Moore In this case, the freedom of worship was used by Judge Roy Moore when he developed a monument of the Ten Commandments and placed it in the courtroom in which he served. He was sued for the action by Alabama Freethought Association. He used this opportunity as a springboard to become the Chief Justice during the election of the Chief Justice. Due to the powers he had as the Chief Justice, he installed the monument in the rotunda of the Alabama Supreme court. His decision to install the monument was made without consultation of other judges of the Supreme Court. During the installation of the monument, he invited a number of Christian media organizations to take photographs of the installation procedure.
5. Conclusion This paper shows that the 1st amendment resulted into a number of freedoms regarding the manner in which religious activities should be conducted in America. It is found that before the amendments, there was lack of proper understanding of the rights that Americans were supposed to have in religious groups.
Most cases involving religious issues were not handled effectively and this resulted into dissatisfaction with the manner in which governance was performed. However, after the 1st amendment, it is found that a number of cases affecting Americans and institutions could be resolved according to the constitution.
This is illustrated by the manner in which cases of prayer in schools were handles as well as the manner in which other cases involving religious activities were handled. As a result it is concluded that the 1st amendment was a contributing factor towards ensuring freedom of religion was achieved in the United States of America.

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