Q: What is The Constitution of Religion?
The Constitution:
i) Establishment Clause: Congress is prohibited from establishing a religion
(1) Everson incorporated establishment; pupil benefit theory: money didn’t go to church but to the students/parents to support a legit. state goal (education)
(2) Cantwell v. Connecticut: religious freedom incorporated into 14th am.; bans prior restraints on religion
ii) Free Exercise: do not interfere w/ people’s t. to worship God according to the dictates of one’s conscience
(1) US v. Reynolds secular regulation rule: no one can object to a neutral state police power that is generally applicable on the basis of religion (Amish exception)
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