Research Paper on First Amendment

One of the most misunderstood provisions in the United States Constitution is perhaps the First Amendment. A great majority thinks that the principle behind the First Amendment is a modern invention of man which started only in the 18th Century and that Thomas Jefferson is “the primary architect of the American tradition of separation of church and state.” (Thomas Jefferson and the Separation of Church and the State” 1)

The First Amendment embodies two rights which are known as the Free Exercise Clause and the Establishment Clause. While both these clauses prohibit government intervention in matters of religion, tensions are inevitable between the requirement of neutrality under the Establishment Clause and the government accommodation of certain religious practices by virtue of the Free Exercise Clause.

The Free Exercise clause renders unconstitutional any act of the government that prohibits a particular religion. It seeks to safeguard religious rights and secure religious liberty to the individual by prohibiting any invasions to these rights by the government.

Distinction however must be made between espousing or adhering to religious beliefs and engaging in religious conduct and practices. The Supreme Court has declared that the Free Exercise Clause only protects religious beliefs. While protection of religious beliefs is absolute, the protection does not extend to religious practices and conduct that run counter to the neutrally enforced criminal laws.

The Establishment Clause, on the other hand, protects individuals against any act of the state that promotes a particular religion. The Establishment Clause operates as a restraint on the possible abuse of governmental power either by legislation or any other means that establishes a particular religion.

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