"shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"...

Question

Does this acceptably empower the court to prohibit prayer in schools and deny the right of citizens to place a nativity scene on the town square?

Some thoughts:

“Religion [is] the basis and Foundation of Government.” ~ James Madison ~

“No power over the freedom of religion…[is] delegated to the United States by the Constitution.” ~ Thomas Jefferson ~

“While just government protects all in their religious rights, true religion afforded to government is its surest support.” ~ George Washington ~

“If I could have entertained the slightest apprehension that the Constitution framed by the Convention, where I had the honor to preside, might possibly endanger the religious rights of any ecclesiastical Society, certainly I would have never placed my signature to it.” ~ George Washington

Answer 1

Yes.

The court has never prohibited prayer IN school. They have prohibited schools sponsored prayer. There is a HUGE difference.

Placing a religious scene on government property places the government in the position of "establishing" that the represented religion has more value than those not represented.

Just add this little test anytime you think the government should be involved in some sort of religious observance/display/prayer etc "If they were using a prayer from how would I feel? Be honest. If there was a Satanist display in that same town square (the old equal access idea) how would you feel?

Answer 2

The founding fathers were truly insightful when they came up with the Bill of Rights. These first Amendments to the Constitution were written with the protection of the MINORITY viewpoint in mind. The founding fathers knew that they were establishing a democratic form of government (yes folks, a representative republic IS still a form of democratic government), and that in a democratic form of government the rights of the majority do not need protecting, as the majority can vote themselves whatever they want (unless there are protective barriers thrown in to stop that from happening).

Being forced to say a prayer in schools, even one that favors no religion in particular and references only some vague "higher power," is forcing the belief in that "higher power" on children who are atheists. This is a minority group that gets protection under the Bill of Rights... exactly as the founding fathers envisioned the protection to work.

Answer 3

"Separation of church and state" is the concept implied in the 1st replace. "Congress shall make no regulation..." ability that the government will want one faith over yet another. The equivalent risk-free practices clause of the 14th replace prolonged this theory to state and native government. As for atheists attacking "loose expression" you're asking a loaded question. the difficulty in cases like the Mt. Soledad pass and Roy Moore's Ten Commandments is not any count if those reflects characterize government endorsement of one particular non secular perception over yet another. The reflects are on public belongings, maintained with public money, and are just about constantly unique. while grow to be the final time you observed a statue of Vishnu next to a 10 Commandments reveal? the persons who report courtroom cases against those reflects are asserting their Constitutional rights by way of fact state subsidized non secular reflects violate the separation of church and state by ability of discriminating against different ideals. it may well be no diverse from a Christian submitting fit against a statute of Vishnu. (BTW, the persons who deliver those suits are not all atheists. This assumption is yet one extra reason your question is loaded.)

Answer 4

The town square should be a public fourm that can be decurated as the public wants. If one guys doesn't like it. He should bring his decorations for one of his holidays when it comes around.

Next education. I have often said we need a sepration of education and state. Then if the government is not funding the schools, than it would be up to the school and not the government whether or not school children start their day with a prayer.

Answer 5

Yes. Prohibiting leading public schools classes in Christian prayer or putting religious symbols on public property doensn't prevent anyone from practicing their religion -- you are free pray on you own time and put your religious symbols on private property or in the churchyard.

Answer 6

i personally believe that it is impossible to separate God from the government because our country was founded by intertwining religion with politics.
although the U.S. is known for its freedom of religion, that does not mean that complete politcal correctness should be exercised. As for schools, I think that it is perfectly acceptable for religion to be introduced if it ties in with the curriculum, and it is not pushed upon the students and promoted as what's absolutely true. that does not mean, however, that it should be hidden away just because a minority few might object to having it hit their virgin ears. seriously, if they are going to be functioning in a REAL WORLD society, they have to get over it.
As for the nativity scene, if it's put up by town citizens, that is completely lawful. If a government ordered them to take it down, that is actually intruding on their right to freedom of religion and expression. nobody is stopping other people from putting up buddah statues or Muhammed symbols next to the nativity scene. If you are atheist, you have the freedom to be so, but that doesn't mean that you have the right to order a nativity scene taken down just because it "offends you". If you can't deal with it, then too bad. the world doesn't revolve around you.

Answer 7

The Constitution states what CONGRESS can and can not do regarding religion...The Constitution also defines where the federal authority ends and the state authority begins...This issue wreaks of separation of powers and states rights problems...Simply put...the federal government has yet again over stepped it's boundaries.

Answer 8

The courts have ursurped the right of religion the idea was to allow it, but not have a state religion to prevent doubt taxation.

You were to be allowed to pray anywhere and if people were quote offended it was/is a violation of your rights.

Answer 9

its a seperation of church and state.
example row v. wade. women have the right to abort.
but the govt. is against it and i am too.

Answer 10

"Thats just a Goddamn piece of paper made hundreds of years ago by hemp smoking wig wearing fools"
George W. Bush