6. Evaluate, take and defend positions on issues regarding the establishment and free exercise clauses 28 POINTS

A. Establishment and Free Exercise Clauses

The First Amendment provides: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” These two clauses are referred to as the “establishment clause” and the “free exercise clause.” As with that part of the First Amendment which protects freedom of speech, both of these clauses have been applied to the states, and therefore operate against all levels of government in the United States. The free exercise clause protects the religious beliefs, and to a certain extent, the religious practices of all citizens. The more controversial establishment clause prohibits the government from endorsing, supporting, or becoming too involved in religion and religious activities.

Both clauses protect the same values, and often a violation of one would also be a violation of the other. For example, mandatory prayer in schools would constitute an improper establishment of religion and would also interfere with the free exercise rights of those students who did not believe in that particular prayer or prayer in general.

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