Due process 2 Flashcards
What is the free exercise clause
First amendment requirement that law cannot prevent free exercise of religion
What is the establishment clause
First Amendment ban on laws respecting an establishment of religion
Wall of seperation
Court ruling that government cannot be involved with religion
Would you be establishment clause say that the government cannot do
They cannot require a person to profess a belief or disbelief in any religion they cannot aid one religion some religions or all religions and it cannot spend any tax money however small the amount may be in support of any religious activities or institutions
The court has tried to sort out the confusion by developing a three-part test to decide under what circumstances government involvement in religion is improper:
You have a secular purpose
It’s primary effect neither advances nor inhibits religion
It does not foster and excessive government entanglement with religion
Does the first amendment clearly require the separation of church and state
No it does not