establishment clause

(proper noun)

a pronouncement in the First Amendment to the U.S. Constitution which prohibits both the establishment of a national religion by Congress, and the preference by the U.S. government of one religion over another

Related Terms

Examples of establishment clause in the following topics:

  • The Establishment Clause: Separation of Church and State

    • The Establishment Clause in the First Amendment to the Constitution states, "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 called the "religion clauses" of the First Amendment.
    • The controversy surrounding Establishment Clause incorporation primarily stems from the fact that one of the intentions of the Establishment Clause was to prevent Congress from interfering with state establishments of religion that existed at the time of the founding.
    • One main question of the Establishment Clause is: does government financial assistance to religious groups violate the Establishment Clause?
    • Lastly, are religious displays in public places allowed under the Establishment Clause?
    • Distinguish the Establishment Clause from other clauses of the First Amendment

  • Freedom of Religion

    • Freedom of religion is a constitutionally guaranteed right, established in the First Amendment of the Bill of Rights.
    • In what is called the Establishment Clause of the First Amendment ("Congress shall make no law respecting an establishment of religion"), Congress is forbidden from setting up, or in any way providing for, an established church.
    • In addition to the rights afforded under the Establishment Clause, the Free Exercise Clause of the First Amendment protects the rights of citizens to practice their religions.
    • This clause states that Congress cannot "prohibit the free exercise" of religious practices.
    • The Establishment Clause of the First Amendment prohibits the creation of a state religion in the U.S.

  • The Free Exercise Clause: Freedom of Religion

    • The Free Exercise Clause of the First Amendment establishes the right of all Americans to freely practice their religions.
    • The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution.
    • The Establishment Clause and the Free Exercise Clause together read:" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
    • Thus, the Establishment Clause prevents the US from establishing or advocating for a specific religion, while the Free Exercise clause is intended to ensure the rights of Americans to practice their religions without state intervention .
    • The Court established many requirements that had to be met for any restrictions of religious freedom.

  • Separating Church and State

    • The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution.
    • It stated: "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 comprise the "religion clauses" of the First Amendment, which is part of a group of the 10 initial constitutional amendments known as the Bill of Rights.
    • The establishment clause has generally been interpreted to prohibit: 1) Congress' establishment of a national religion, and 2) US governmental preference of one religion over another.
    • The establishment clause arose as an important issue to address during Madison's efforts to ratify the Constitution.

  • The Supremacy Clause

    • The Supremacy Clause established the U.S.
    • Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S.
    • The Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.
    • Two sections of the essays deal with the Supremacy Clause, in which Alexander Hamilton argues that the Supremacy Clause is simply an assurance that the government's powers can be properly executed.
    • Discuss how the Supremacy Clause shapes the relationship between federal and state law.

  • Promoting the General Welfare

    • In many constitutions, the general welfare clause has been used as a basis for promoting the well-being of the governed people.
    • The Preamble of the United States Constitution states that the Union was established "to promote the general Welfare. " The Taxing and Spending Clause is the clause that gives the federal government of the United States its power of taxation.
    • There have been different interpretations of the meaning of the General Welfare clause.
    • General Welfare clause arises from two distinct disagreements: The first concerns whether the General Welfare clause grants an independent spending power or is a restriction upon the taxing power; the second disagreement pertains to what exactly is meant by the phrase "general welfare. "
    • Illustrate how the General Welfare clause of the Constitution is applied to public policy

  • Eliminating Comma Splices and Fused Sentences

    • Once you discover where the two independent clauses are "spliced," you can then decide how best to separate the clauses:
    • You can use a semicolon between the two clauses if they are of equal importance; this allows your reader to consider the points together.
    • Or, you can add a word to one clause to make it dependent.
    • If you locate a run-on sentence and find where the two independent clauses "collide," you can then decide how best to separate the clauses.
    • Or, you can add a word to one clause to make it dependent.

  • Concurrent Powers

    • These concurrent powers including regulating elections, taxing, borrowing money and establishing courts.
    • In the Commerce Clause, the Constitution gives the national government broad power to regulate Commerce with foreign Nations, among several of the States and with the Indian tribes.
    • This clause allowed the federal government to establish a national highway system that connected the states.

  • McCulloch v. Maryland

    • First, he argued that historical practice established Congress' power to create the Bank.
    • The Court broadly described Congress' authority before addressing the Necessary and Proper clause.
    • Marshall admitted that the Constitution does not enumerate a power to create a central Bank but said that this is not dispositive as to Congress's power to establish such an institution.
    • Fourth, in liberally interpreting the Necessary and Proper clause, the Court naturally rejected Maryland's narrow interpretation of the clause, which purported that the word "necessary" in the Necessary and Proper Clause meant that Congress could only pass those laws which were absolutely essential in the execution of its enumerated powers.
    • The Court held that for these reasons, the word "necessary" in the Necessary and Proper Clause does not refer to the only way of doing something, but rather applies to various procedures for implementing all constitutionally established powers.This principle had been established many years earlier by Alexander Hamilton:

  • Moods in Dependent Clauses