Original Intent Chapter 2 Religion and the Constitution

Question 1

1) What are the two references to religion in the Constitution?

Answer 1

Article VI Section 3 and the First Amendment

Question 2

2) What does Article VI Section 3 state?

Answer 2

No religious test shall ever be required as a qualification to any office or public trust under the United States. (Only for fed govt. not state govts.

Question 3

3) What does the 1st Amendment state?

Answer 3

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…

Question 4

4) What was decided in Torcaso v. Watkins regarding Article VI?

Answer 4

The Court struck down Maryland’s State constitutional requirement that a candidate must declare a belief in God to hold office.

Question 5

5) What two mistakes did the Court make with Article VI in Torcaso v. Watkins (1961)?

Answer 5

Mistakes of jurisdiction and interpretation.

Question 6

6) What was the mistake of jurisdiction in Torcaso?

Answer 6

This article only applies to the federal govt not state govts.

Question 7

7) What was the mistake of interpretation in Torcaso?

Answer 7

The Founders did not consider a requirement to believe in God to be a religious test.

Question 8

8) What are the two objections against the original intent of the 1st Amendment?

Answer 8

1) It’s no longer valid since the nation was completely homogeneous in its faith.
2) Times have changed therefore the meaning of the Amendment should be modernized.

Question 9

9) What are the two responses to the two objections to the 1st Amendment?

Answer 9

1) The nation was not completely homogeneous in its faith; it was pluralistic. (Buddhists, Muslims, Jews)
2) The Founders made it clear that if any part of the Const. was to be altered, it was to be at the hands of the people, not the Court.

Question 10

10) What does the Northwest Ordinance demonstrate?

Answer 10

That the Founders never intended the federal Const. to establish today’s religion-free public arena.

Question 11

11) What did the Northwest Ordinance say regarding religion?

Answer 11

Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Question 12

12) What are the 4 categories in this section?

Answer 12

1) Two references to religion in the Const. - 3 cards
2) Article VI Sec 3 - 4 cards
3) Objections to the 1st Amend - 2 cards
4) Northwest Ordinance - 2 cards