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Free Exercise Vs Establishment Clause

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The First Amendment to the United States Constitution states that the People have the freedom to express their own religion, without Congress making any laws that pertain to the establishment of a religion or how it is signified. The Founding Fathers of the United States Constitution aspired to separate government and religion so that the People could believe in whichever faith they prefer. The Free Exercise and Establishment clause gave the People of United States protection from oppression and laws that would impose on religions. Most Americans do not know how these clauses affect their everyday lives as well as the countries around the United States. As stated above, The Free Exercise Clause is to protect an individual and their religious …show more content…

Most people think the Establishment Clause protects against the imposes that are from religion instead, the clause restrains the government from interjecting. The Establishment Clause could also be part of a structuralist role. A structuralist role is to influence the People's freedom by convincing the branches of government such as legislative, executive, and judicial to stay jurisdiction. It also just protects an individual's right instead of a religion's. During the McCollum v. Board of Education case, the Supreme Court used the Establishment Clause to keep government and religion separate to each other, rather than allowing students to be oppressed or inflicted religiously in institutions. While Lemon v. Kurtzman case was in motion, the Supreme Court placed a test that ascertaining when governments procedures would be infringing on the Establishment Clause. This test consisted of three steps which began with how the government had to possess a materialistic idea. Next, the first influence could not develop or hinder a religion. Lastly, a government could not intertwine with a religion. During Jones v. Wolf case posed a question of when does the Court consider a religion's laws without breaking the Establishment Clause's law. In this case, the Supreme Court used the Neutral Principles of Law strategy resolve the disputes concerning religious and materialistic affairs. Members of a separated church apprised the Georgia Court which decided a church's property debate. The Georgia Court used the Neutral Principles of Law to resolve the issue, this was the best possible tactic which limited the Court's to examine the prevailing opinions without crossing into the religious law. In another instance, in Orlando, Florida a man who allied with Isis entered a gay bar and killed 49 and

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