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Encyclopedia > Establishment Clause of the First Amendment

The Establishment Clause of the First Amendment to the United States Constitution states that: The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ...

"Congress shall make no law respecting an establishment of religion"

Together with the Free Exercise Clause, ("or prohibiting the free exercise thereof"), these two clauses make up what are commonly known as the religion clauses. Type Bicameralism Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D, since January 4, 2007 Speaker of the House Nancy Pelosi, D, since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican... Lady Justice is a personification of the law. ... Establishment of religion refers to investing political power in a particular religious faith or body. ... The Bill of Rights, First Amendment to the United States Constitution, passed in 1789 includes the Free Exercise Clause which guarantees the freedom of religion: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the...


This has been interpreted as the prohibition of 1) the establishment of a national religion by Congress and 2) the preference of one religion over another or of religion over non-religious philosophies in general. The first approach is called the "separationist" or "no aid" interpretation. In separationist interpretation, the clause, as historically understood, prohibits Congress from aiding religion in any way even if such aid is made without regard to denomination. The second approach is called the "non-preferentialist" or "accommodationist" interpretation. The accommodationist interpretation prohibits Congress from preferring one religion over another, but does not prohibit the government's entry into religious domain to make accommodations in order to achieve the purposes of the Free Exercise Clause. The clause itself was seen as a reaction to the Church of England, established as the official church of England and some of the colonies, during the colonial era. The Bill of Rights, First Amendment to the United States Constitution, passed in 1789 includes the Free Exercise Clause which guarantees the freedom of religion: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the... The Church of England is the officially established Christian church[1] in England, and acts as the mother and senior branch of the worldwide Anglican Communion, as well as a founding member of the Porvoo Communion. ...


Prior to the enactment of the Fourteenth Amendment to the United States Constitution in 1868, the Supreme Court generally took the position that the substantive protections of the Bill of Rights did not apply to actions by state governments. Subsequently, under the Incorporation doctrine the Bill of Rights have been broadly applied to limit state and local government as well. For example, in the Board of Education of Kiryas Joel Village School District v. Grumet (1994), the majority of the court joined Justice David Souter's opinion, which stated that "government should not prefer one religion to another, or religion to irreligion." Critics of this interpretation argue that it effectively changes the Constitution in a way never contemplated by the founders. However, this is a controversial and evolving area of jurisprudence. Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, and it includes the Due Process and Equal Protection Clauses among others. ... 1868 (MDCCCLXVIII) was a leap year starting on Wednesday (see link for calendar) of the Gregorian calendar or a leap year starting on Friday of the 12-day-slower Julian calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This article is about the general concept of a bill of rights. ... The Bill of Rights to the United States Constitution is applied to state governments by the judicially created Incorporation Doctrine. ... Holding --- Court membership Case opinions Laws applied --- Board of Education of Kiryas Joel Village School District v. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... ...

Contents

Financial assistance

The Supreme Court first considered the question of financial assistance to religious organizations in Bradfield v. Roberts (1899). The federal government had funded a hospital operated by a Roman Catholic institution. In that case, the Court ruled that the funding was to a secular organization—the hospital—and was therefore permissible. Year 1899 (MDCCCXCIX) was a common year starting on Sunday (link will display the full calendar). ... Secularity is the state of being without religious or spiritual qualities. ...


In the twentieth century, however, the Supreme Court more closely scrutinized government activity involving religious institutions. In Everson v. Board of Education (1947), the Supreme Court recognized the validity of a New Jersey statute funding student transportation to schools, whether parochial or not. Justice Hugo Black held, (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... Holding The Establishment Clause of the First Amendment is incorporated against the states. ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... Official language(s) None, English de facto Capital Trenton Largest city Newark Area  Ranked 47th  - Total 8,729 sq mi (22,608 km²)  - Width 70 miles (110 km)  - Length 150 miles (240 km)  - % water 14. ... A parochial school (or faith school) is a type of private school which engages in religious education in addition to conventional education. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State." Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The government of the United States of America, established by the U.S. Constitution, is... A tax is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (for example, tribes, secessionist movements or revolutionary movements). ... This article is becoming very long. ...

Despite these stringent requirements, the New Jersey law was upheld, for it applied "to all its citizens without regard to their religious belief."


The Jefferson quotation cited in Black's opinion is from a letter which Jefferson wrote in 1802 to the Baptists of Danbury, Connecticut (who were formerly taxed to support the established church in the state), that the establishment clause erected "a wall of separation between church and state." Critics of Black's reasoning (most notably, Chief Justice William H. Rehnquist) have argued that a majority of states did have "official" churches at the time of its adoption and that James Madison, not Jefferson, was the principal drafter of the Bill of Rights. However, Madison himself often wrote of "total separation of the church from the state" (1819 letter to Robert Walsh), "perfect separation between the ecclesiastical and civil matters" (1822 letter to Livingston), "line of separation between the rights of religion and the civil authority... entire abstinence of the government" (1832 letter Rev. Adams), and "practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States" (1811 letter to Baptist Churches). --69. ... Baptist is a term describing a tradition within Christianity and may also refer to individuals belonging to a Baptist church or a Baptist denomination. ... Nickname: The Hat City Located in Fairfield County, Connecticut Coordinates: NECTA Danbury Region Housatonic Valley Incorporated (town) 1702 Incorporated (city) 1889 Consolidated 1965 Government type Mayor-council Mayor Mark D. Boughton (R) Area    - City 44. ... It has been suggested that this article be split into multiple articles. ... Establishment of religion refers to investing political power in a particular religious faith or body. ... The separation of church and state is a concept in law whereby the structures of state or national government are kept separate from those of religious institutions. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... James Madison (March 16, 1751 – June 28, 1836), an American politician and fourth President of the United States of America (1809–1817), was one of the most influential Founders of the United States. ... 1819 common year starting on Friday (see link for calendar). ... Robert Walsh (1785 - 7 February 1859) was a publicist and diplomat. ... 1832 was a leap year starting on Sunday (see link for calendar). ...


In Lemon v. Kurtzman (1971), the Supreme Court ruled that government may not "excessively entangle" with religion, for instance by funding the latter. The case involved two state laws: one permitting the state to "purchase" services in secular fields from religious schools, and the other permitting the state to pay a percentage of the salaries of private school teachers, including teachers in religious institutions. The Supreme Court found that the government was "excessively entangled" with religion, and thereby invalidated the statutes in question. The excessive entanglement test, together with the secular purpose and primary effect tests (see below), form the Lemon test, which judges often use to test the constitutionality of a statute on establishment clause grounds. Holding For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and must not result in an excessive entanglement of government and religion. ... 1971 (MCMLXXI) was a common year starting on Friday. ... In Lemon vs. ...


The Supreme Court decided Committee for Public Education & Religious Liberty v. Nyquist and Sloan v. Lemon in 1973. In both cases, states—New York and Pennsylvania—had enacted laws whereby public tax revenues would be paid to low-income parents so as to permit them to send students to private schools. It was held that in both cases, the state unconstitutionally provided aid to religious organizations. The ruling was partially reversed in Mueller v. Allen (1983). There, the Court upheld a Minnesota statute permitting the use of tax revenues to reimburse parents of students. The Court noted that the Minnesota statute granted such aid to parents of all students, whether they attended public or private schools. 1973 (MCMLXXIII) was a common year starting on Monday. ... NY redirects here. ... Official language(s) English, Pennsylvania Dutch Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... A tax is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (for example, tribes, secessionist movements or revolutionary movements). ... 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ... Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ...


While the Court has prevented states from financially aiding parochial schools, it has not stopped them from aiding religious colleges and universities. In Tilton v. Richardson (1971), the Court permitted the use of public funds for the construction of facilities in religious institutions of higher learning. It was found that there was no "excessive entanglement" since the buildings were themselves not religious, unlike teachers in parochial schools, and the aid came in the form of a one-time grant, rather than continuous assistance. One of the largest recent controversies over the amendment centered on school vouchers—government aid for students to attend private (often religious) schools. The Supreme Court, in Zelman v. Simmons-Harris (2002), upheld the constitutionality of private school vouchers, turning away an Establishment Clause challenge. Voucher advocates have been somewhat disappointed by state responses to the decision, as they have had little success in convincing state legislators to go forward with voucher programs. 1971 (MCMLXXI) was a common year starting on Friday. ... An education voucher, commonly called a school voucher, is a certificate by which parents are given the ability to pay for the education of their children at a school of their choice, rather than the public school to which they were assigned. ... Holding The program does not offend the Establishment Clause. ... For album titles with the same name, see 2002 (album). ...


School prayer

Earl Warren was Chief Justice when Engel v. Vitale was decided.
Earl Warren was Chief Justice when Engel v. Vitale was decided.

Further important decisions came in the 1960s, during the Warren Court era. One of the Court's most controversial decisions came in Engel v. Vitale, decided in 1962. The case involved a prayer written by the New York Board of Regents. Though the prayer was non-denominational, the Supreme Court deemed it necessary to strike it down. Justice Black wrote, "it is no part of the official business of government to compose official prayers for any group of American people to recite as part of a religious program carried out by the Government." The reading of the Lord's Prayer or of the Bible in the classroom of a public school by the teacher was ruled unconstitutional in 1963. The ruling did not apply to parochial or private schools in general. The decision has been criticized by many, including the late Chief Justice William H. Rehnquist, and especially evangelical Protestants. Official portrait This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Official portrait This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ... The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ... 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar). ... NY redirects here. ... Representation of the Sermon on the Mount For other uses, see Lords Prayer (disambiguation). ... This Gutenberg Bible is displayed by the United States Library of Congress. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... The word evangelicalism usually refers to religious practices and traditions which are found in conservative, almost always Protestant Christianity. ... Protestantism is a general grouping of denominations within Christianity. ...


In Abington Township v. Schempp (1963), the case involving the reading of the Lord's Prayer in class, the Supreme Court introduced the "secular purpose" and "primary effect" tests, which were to be used to determine compatibility with the establishment clause. Essentially, the law in question must have a valid secular purpose, and its primary effect must not be to promote or inhibit a particular religion. Since the law requiring the recital of the Lord's Prayer violated these tests, it was struck down. The "excessive entanglement" test was added in Lemon v. Kurtzman (vide supra). Abington Township School District v. ...


In Wallace v. Jaffree (1985), the Supreme Court struck down an Alabaman law whereby students in public schools would observe daily a period of silence for the purpose of private prayer. The Court did not, however, find that the moment of silence was itself unconstitutional. Rather, it ruled that Alabama lawmakers had passed the statute solely to advance religion, thereby violating the secular purpose test. Holding Just as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom of mind, so also the individuals freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established... 1985 (MCMLXXXV) was a common year starting on Tuesday of the Gregorian calendar. ... Official language(s) English Capital Montgomery Largest city Birmingham Area  Ranked 30th  - Total 52,419 sq mi (135,765 km²)  - Width 190 miles (306 km)  - Length 330 miles (531 km)  - % water 3. ...


The 1990s were marked by controversies surrounding religion's role in public affairs. In Lee v. Weisman (1992), the Supreme Court ruled unconstitutional the offering of prayers by religious officials before voluntarily attended ceremonies such as graduation. Thus, the Court established that the state could not conduct religious exercises at public occasions even if attendance was not strictly compulsory. In Santa Fe Independent School Dist. v. Doe (2000), the Court ruled that even a vote of the student body could not authorize student-led prayer prior to school events. For the band, see 1990s (band). ... Holding --- Court membership Case opinions Laws applied --- Lee v. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... Santa Fe Independent School Dist. ... 2000 (MM) was a leap year starting on Saturday of the Gregorian calendar. ...


In 2002, controversy centered on a ruling by the Court of Appeals for the Ninth Circuit in Newdow v. United States Congress (2002), which struck down a California law providing for the recitation of the Pledge of Allegiance (which includes the phrase "under God") in classrooms. Each House of Congress passed resolutions reaffirming their support for the pledge; the Senate vote was 99–0 and the House vote was 416–3. The Supreme Court heard arguments on the case, but did not rule on the merits, instead reversing the Ninth Circuit's decision on standing grounds. For album titles with the same name, see 2002 (album). ... The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii... Newdow v. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... Students reciting the Pledge at Rafael Weill Elementary School, San Francisco, California, April 20, 1942 prior to Japanese American internment (photo by Dorothea Lange) [1] The Pledge of Allegiance is a promise or oath of allegiance to the United States as represented by its national flag. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... The House of Representatives is the larger of two houses that make up the U.S. Congress, the other being the United States Senate. ...


Religious displays

The inclusion of religious symbols in public holiday displays came before the Supreme Court in Lynch v. Donnelly (1984), and again in Allegheny County v. Greater Pittsburgh ACLU (1989). In the former case, the Court upheld the public display of a crèche, ruling that any benefit to religion was "indirect, remote, and incidental." In Allegheny County, however, the Court struck down a crèche display, which occupied a prominent position in the county courthouse and bore the words Gloria in Excelsis Deo, the words sung by the angels at the Nativity (Luke 2:14 in the Latin Vulgate translation). At the same time, the Allegheny County Court upheld the display of a nearby menorah, which appeared along with a Christmas tree and a sign saluting liberty, reasoning that "the combined display of the tree, the sign, and the menorah...simply recognizes that both Christmas and Hanukkah are part of the same winter-holiday season, which has attained a secular status in our society." 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ... In County of Allegheny v. ... 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ... A traditional nativity scene from Naples, Italy A nativity scene, also called a crib or crèche (meaning crib or manger in French) generally refers to any depiction of the birth or birthplace of Jesus. ... Gloria in Excelsis Deo (Latin for Glory to God in the highest)woot is the title and beginning of the great doxology (song of praise) used in the Roman Catholic Mass and, in translation, in the services of many other Christian churches. ... A Gothic angel in ivory, c1250, Louvre An angel is a supernatural being found in many religions. ... For the Nativity of Jesus, see Nativity of Jesus. ... The Gospel of Luke is the third of the four canonical Gospels of the New Testament, which tell the story of Jesus life, death, and resurrection. ... Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... The Vulgate Bible is an early 5th century translation of the Bible into Latin made by St. ... A coin issued by Mattathias Antigonus, c. ... A coin issued by Mattathias Antigonus, c. ... Christmas is an annual holiday that marks the birth of Jesus Christ of Nazareth. ... Hanukkah (Hebrew: ‎), the Festival of Rededication (also known incorrectly as the Festival of Lights) is an eight-day Jewish holiday beginning on the 25th day of Kislev, which can occur in very late November, or throughout December. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ...


A recent controversy surrounded Roy Moore, former Chief Justice of Alabama. Moore had in 2001 installed a monument to the Ten Commandments in the state judicial building. In 2003, he was ordered in the case of Glassroth v. Moore by a federal judge to remove the monument, but he refused to comply, ultimately leading to his removal from office. He argued that his right to acknowledge God was denied. It may be pointed out, however, that he retained his right to acknowledge God as a private person. It was only a violation of the establishment clause to erect a religious monument on government property; Moore was free to maintain that monument on private land. The Supreme Court refused to hear the case, allowing the lower court's decision to stand. Roy Stewart Moore (born February 11, 1947 in Etowah County, Alabama) is a controversial American jurist and politician often referred to as the Ten Commandments judge because of his refusal, as the elected Chief Justice of the Supreme Court of Alabama, to remove a monument of the Ten Commandments from... 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... This 1768 parchment (612x502 mm) by Jekuthiel Sofer emulated the 1675 Decalogue at Amsterdam Esnoga synagogue. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The case of Glassroth v. ...


On March 2, 2005, the Supreme Court heard arguments for two cases involving religious displays, Van Orden v. Perry and McCreary County v. ACLU of Kentucky. These were the first cases directly dealing with display of the Ten Commandments the Court had heard since Stone v. Graham (1980). These cases were decided on June 27, 2005. In Van Orden, the Court upheld, by a 5-4 vote, the legality of a Ten Commandments display at the Texas state capitol due to the monument's "secular purpose." In McCreary County, however, the Court ruled 5-4 that displays of the Ten Commandments in several Kentucky county courthouses were illegal because they were not clearly integrated with a secular display, and thus were considered to have a religious purpose. 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Holding [T]he monument did not contravene the [ Establishment Clause ], ... the State had a valid secular purpose in recognizing and commending the Eagles for their efforts to reduce juvenile delinquency, and that a reasonable observer, mindful of history, purpose, and context, would not conclude that this passive monument conveyed the... McCreary County v. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... Official language(s) English (de facto) See also languages of Texas Capital Austin Largest city Houston Area  Ranked 2nd  - Total 261,797 sq mi (261,797 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ...


It is worth noting that among the eighteen influential lawgivers depicted in the north and south friezes of the Supreme Court building are three religious figures: Moses, Confucius, and Muhammad.[1] Moses is depicted holding the Ten Commandments, commandments six through ten partially visible in Hebrew; Mohammad is depicted holding the Qur'an, the primary source of Islamic Law. The Supreme Court building depicts religious imagery in similar contexts in other places as well, including two additional sets of tablets representing the Ten Commandments. Moses with the Tablets, 1659, by Rembrandt This article is about the Biblical figure. ... Confucius (Chinese: ; pinyin: ; Wade-Giles: Kung-fu-tzu, lit. ... For other persons named Muhammad, see Muhammad (name). ... The Modern Hebrew language is a Semitic language of the Afro-Asiatic language family. ... The Qurān [1] (Arabic: ‎, literally the recitation; also called ‎ The Noble Qurān; also transliterated as Quran, Koran, and Al-Quran) is the central religious text of Islam. ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...


See also

The White House Office of Faith-Based and Community Initiatives (FBCI) is an department under the Office of the President of the United States established during the presidential administration of George W. Bush. ... Madalyn Murray OHair (April 13, 1919 – September 29, 1995) was an American atheist who founded American Atheists, and campaigned for the separation of church and state. ...

Research resources

v  d  e
United States Constitution Complete text at Wikisource

Original text: Preamble ∙ Article 1 ∙ Article 2 ∙ Article 3 ∙ Article 4 ∙ Article 5 ∙ Article 6 ∙ Article 7 Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Wikisource has original text related to this article: Preamble to the United States Constitution The preamble to the United States Constitution consists of a single sentence (a preamble) which introduces the document and its purpose. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments: 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27
 Formation  History of the Constitution • Articles of Confederation • Annapolis Convention • Philadelphia Convention • New Jersey Plan • Virginia Plan • Connecticut Compromise • Signatories
 Adoption  Massachusetts Compromise • Federalist Papers
 Amendments  Bill of Rights • Ratified • Proposed • Unsuccessful • Conventions to propose • State ratifying conventions
 Clauses  Case or controversy • Citizenship • Commerce • Commerce (Dormant) • Contract • Copyright • Due Process • Equal Protection • Establishment • Free Exercise • Full Faith and Credit • Impeachment • Natural–born citizen • Necessary and Proper • No Religious Test • Presentment • Privileges and Immunities (Art. IV) • Privileges or Immunities (14th Amend.) • Speech or Debate • Supremacy • Suspension • Takings Clause • Taxing and Spending • Territorial • War Powers
 Interpretation  Congressional power of enforcement • Double jeopardy • Enumerated powers • Incorporation of the Bill of Rights • Nondelegation • Preemption • Separation of church and state • Separation of powers • Constitutional theory

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The current framework for determining whether a statute violates the Establishment Clause of the Constitution was enunciated by the Supreme Court in Lemon v.
In holding that the provision did not violate the Establishment Clause, the Court explained that [f]or a law to have forbidden "effects" under Lemon, it must be fair to say that the government itself has advanced religion through its own activities and influence.
In Larkin, the statute held to be violative of the Establishment Clause authorized churches to prevent the government from issuing liquor licenses to any establishment within a 500-foot radius of the church.
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