What arguements, problems, or challenges can be made against this amendment?
Congress shall make no law supporting any establishment of religion; federal, state, or local monies cant go toward the enhancement of religion; organized religious events must take place on private property; no law shall be made explicitly limiting religion activities, unless they come in conflict w/ free rights of others; no law shall be made forcing participation in an act that conflicts w/ ones religion; Or abridging the freedom of speech, whether it be: symbolic, expressive, and/or verbal, unless the speech violates the Miller test, or is discriminatory & accompanied by violent action founded upon expressed prejudices; Or abriding freedom of press, unless it interferes w/ an individuals right to a fair & speedy trial, or allows a criminal to benefit monetarily from the crime; Or abridging the right of people peacefully & lawfully to assemble on public property, & to petition for a redress of grievances
2007-12-05 03:48:11 · 5 answers · asked by Anastasia F 3 in Politics & Government ➔ Other - Politics & Government
"no law shall be made forcing participation in an act that conflicts w/ ones religion"
30 seconds after that, 200 religions will claim that paying taxes is against their religion.
2007-12-05 04:04:43 · answer #1 · answered by Ricky T 6 · 1⤊ 1⤋
Well, it's badly written. I prefer the original First Amendment.
It's generally much better to state things concisely and let the courts spell out the interpretation if there is a dispute. The extra verbage just makes it harder to interpret and easier to squabble over.
Incorporation of complex references, like the Miller test, is of course always a bad idea in the text of a constitution. If you want a court interpretation established explicitly in the constitution, you had better spell it out.
2007-12-05 12:00:14 · answer #2 · answered by Samwise 7 · 3⤊ 1⤋
"Religion" was never defined in the amendment. Now, I think we all know what one is, but since the origin of these things is basically "these people started doing this" what prevents me from creating a religion on the spot, and saying that this or that no longer applies to me because of my religion? The amendment is also riddled with exceptions to its own rules, making it confusing.
2007-12-05 12:15:24 · answer #3 · answered by Pfo 7 · 0⤊ 1⤋
Wordy enough with enough vagueries (ie " unless they come in conflict w/ free rights of others") that lawyer would have a field day filing suits back and forth.
2007-12-05 11:54:47 · answer #4 · answered by Anonymous · 3⤊ 2⤋
O.k so when was this filed and made into an amendment?
2007-12-05 12:02:13 · answer #5 · answered by sally sue 6 · 0⤊ 3⤋