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The Establishment Clause also known as Establishment of religion Clause.
What is the Establishment Clause?
The Establishment Clause and the Free Exercise Clause of the First Amendment to the United States Constitution collectively constitute the constitutional Right to Freedom of religion in American law.
- In addition to forbidding political control of religion, the Establishment Clause also serves as a double security. It forbids the US federal government, as well as the governments of all US states and US territories, from establishing or supporting religion.
- The Bill of Rights of 1689, the Clarendon Constitutions, the colonial constitutions of Pennsylvania and New Jersey, as well as other precedents, served as the foundation for this clause. John Dickinson also wrote the Articles of Confederation and together they produced an original draft. Another draft of the First Amendment's language was created by then-congressman James Madison in 1789 and later included in the Bill of Rights after discussion and debate in the First Congress.
- Complementing the Establishment Clause is the Free Exercise Clause, which shields private persons from state meddling in both their private and public religious matters.
The Establishment Clause is a restriction placed on the US Congress that prevents it from enacting laws that would force an establishment of religion. In general, this makes it unlawful for the government to support theocracy or a particular religion through taxation. The government is forbidden from restricting people's ability to practice their religion freely under the Free Exercise Clause. The Establishment Clause forbids Congress from favoring or elevating one religion over another, but it does not forbid the government from intervening in matters of religion to make allowances for religious observances and rituals in order to fulfill the requirements of the Free Exercise Clause.
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