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First Amendment of the United States Constitution

Autor:   •  June 8, 2016  •  Term Paper  •  7,236 Words (29 Pages)  •  964 Views

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        The First Amendment of the United States Constitution provides for the protection of many freedoms that we, as Americans hold sacred. Most of us were taught as children that the Pilgrims, who came to America aboard the Mayflower, did so to escape religious persecution from England. However, our textbooks from elementary, middle, and high school left out some significant facts and painted a much nicer picture of the “New Land”.  I was not taught growing up that it was French Protestants who first came to America in search of religious freedom and established the colony of Huguenot in Fort Caroline (near Jacksonville, FL) in 1564. I was also not taught that this colony was wiped out in 1565 by the Spanish Christians because they were “scattering the odious Lutheran doctrine in the Provinces” (Davis, 2010).  I was taught that in the early 1600s the Pilgrims and the Puritans left England to escape the religious persecution they experienced, but I did not learn until adulthood that their religious persecution did not stop once they settled in the new land. The new settlers in America used religion as a weapon to discriminate, suppress and even kill others who did not believe in their “God”.  Catholics were banished from colonies for believing in Catholicism, and Quakers were hung because they stood up for their religious beliefs. Even as the early states began to establish themselves, religious persecution still held strong. In early Massachusetts a law was put in place that only allowed Christians to hold public office. If a Catholic wanted to hold office, he could only do so after renouncing papal authority. In New York the state constitution completely banned Catholics from public office until 1806. Maryland’s early constitution allowed Catholics full civil rights, but did not afford the same rights to those who believed in Judaism (Davis, 2010). After many political battles the framers of the U.S. Constitution were successful in adding Article VI. Article VI states “The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States” (110TH Congress, 2007).  

        The First Amendment of the United States Constitution states “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 press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (110TH Congress, 2007).   This amendment is broken down into two clauses; the establishment clause and the free exercise clause, but there is no clear definition of the “establishment” and “exercise” of religion in the amendment. This has led to many cases making it up the U.S. Supreme Court for their interpretation of these religious protections. Both establishment of religion and free exercise of religion can be interpreted differently, and the definition will sway to the opinion of the person defining it.  

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