Lecture on the Establishment Clause of the First Amendment

Introduction

• Phrases Related to Religion
  • "In God We Trust" on currency
  • "One Nation Under God" in the Pledge of Allegiance
  • Raise questions under the Establishment Clause

Establishment Clause Overview

• Clause Text: Congress may not make any law respecting an establishment of religion.
• Applies To:
  • All federal actors
  • Due to 14th Amendment, applies to states too

Historical Context

• Initial Intentions:
  • Prevent federal establishment of religion
  • Protect state establishments from federal interference
• Modern Application: Prohibits both federal and state establishments

Principles Everyone Agrees On

• Government cannot:
  • Designate an official religion
  • Force people to engage in religious exercises or beliefs

Non-Endorsement Principle

• Developed by Justice Sandra Day O'Connor
  • Government cannot endorse religion
  • Cannot suggest support for one religion or religion over non-belief
• Applications:
  • Forbids prayer in public schools, graduations, football games
  • Forbids some religious displays (e.g., Ten Commandments in schools)

Challenges to Non-Endorsement Principle

• Government Endorsement vs. Private Expression
  • Private groups can put up displays
• Historical Role Recognition
  • Monuments recognizing historical sources of law are permissible

Case Examples & Complexities

• Christmas Displays: Mixture of religious and secular components can be permissible
• High School Prayers: Distinction between student-led (permissible) vs. school-endorsed (impermissible)
• Currency and Pledge of Allegiance: Despite endorsements, not deemed unconstitutional

Aid to Religious Schools

• Neutrality Principle: Equal treatment of religious and non-religious schools
  • Aid allowed for secular purposes (computers, lunches, buses)
  • Tuition vouchers permissible if parents choose between religious and non-religious schools
• Case Example: Predominance of religious private schools complicates neutrality

Conclusion

• The Establishment Clause remains an area with complex cases and ongoing Supreme Court evaluation
• Increasing overlap of government and individual life complicates religious expression and neutrality
• Future cases may continue to challenge and define these principles

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