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The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
The United States Constitution addresses the issue of religion in two places: in the First Amendment, and the Article VI prohibition on religious tests as a condition for holding public office. The First Amendment prohibits the Congress from making a law "respecting an establishment of religion, or prohibiting the free exercise thereof".
The process of incorporating the two Religion Clauses in the First Amendment was twofold. The first step was the Supreme Court's conclusion in 1940 that the Free Exercise Clause was made applicable to the states through the Fourteenth Amendment. [ 10 ]
American federalism gave states enormous power to regulate the health, welfare and morals of their citizens. Because many thought religion was the foundation of American society, they used their power to imprint their moral ideals on state constitutions and judicial opinions for much of American history. [43]
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
Smith that, as long as a law does not target a particular religious practice, it does not violate the Free Exercise Clause. Smith set the precedent [10] "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to ...
The First Amendment to the country's Constitution prevents the government from having any authority in religion, and guarantees the free exercise of religion. Many faiths have flourished in the United States, including imports spanning the country's multicultural heritage as well as those founded within the country, and have led the United ...