The Constitution and Religion, Research Paper Example

The American constitution provides for separation of church and state. Many clauses have been tendered in relation to this subject within the constitution. Establishment clause is the first of many clauses. It states that Congress cannot make any law regarding establishment of religion. Secondly, no law could be established preventing practice of religion a This aspect of the constitutional amendment pertains to freedom of religious practices. Essentially, these two clauses are classified as the religion clauses of the first Amendment. The two phases control the extent  to which American congress can go in  allowing establishment of religious practices as well as sanctioning one religion above the other (Marnell,125).

While the establishment clauses stimulated religious freedom according to the bill of human rights carved by president Jefferson continuous legal battles between churches, especially, the Catholic denomination ensued. Ultimately, after making reference to President Jefferson, a Supreme Court Judge in 1947 ruled that the First Amendment has created divisions between church and state. The Judge reiterated that these distinct lines of demarcation must be upheld though constitutional applications. These divisions are further clarified as the Wall of separation between church and state(Hamburger, 103).

Various state constitutions make references to God according to the religious culture of the communities they serve. However, legally, ‘God’ within the text means invocatiodei, especially if the text being used makes specific reference to a deity. In other contextsnominatiodei is used in proclaiming the name of God. Therefore, the word God has been omitted form the US constitution of many states since the deity referenced might not be called ‘God.’ With religious freedom and inconstancies in religion definitions alternative suggestions of God have been offered in state constitutions’ texts(Schmid, 32).

The Supreme Court in 1962 sanctioned a case involving officially – sponsored prayer in schools or items in the school curriculum classified recitations of religious material in public. It was the case of Engel v. Vitale, 370 U.S. 421 (1962). In a 6-1 vote the court ruled that government authorities were super ceding their constitutional rights in composing official school prayer. Further, it was also unconstitutional to have students repeat them in public schools. In situations where the payer has been structured to reflect a non-denominational influence it was still considered unconstitutional.

Essentially, students can legally be excused from participating in such practices. The prayer in contention was designed by the New York State Board of Regents. It was written before this order was passed by the court. The actual text read,

‘Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country. Amen’ (Hamilton, 156).

Arguments against the adoption of f this prayer and anything similar was that it was a violation of the Establishment clause. The prayer was made up by government officials who were not supposed to influence anyone regarding one religion above the other. This prayer appeared to have Christian insulations in the word almighty God (Hamilton, 156).

As it pertains to my personal opinions regarding the importance or lack of importance of religion at all levels and functions of government, depends on whether the people want it or refuse this infiltration in their lives. Christianity seemed to t have been the dominant religion. However while everyone must have a right to worship or be affiliated to whatever religious group they prefer some kind  of spiritual allegiance must be instilled in people.

Works cited

Hamburger. Phillip. Separation of Church and State Harvard University Press. 2002. Print.

Hamilton, Marcia.God vs. the Gavel: Religion and the Rule of Law. Cambridge University Press, 2005

Marnell, William.The First Amendment: Religious Freedom in America from Colonial Days to  The School Prayer Controversy. Doubleday &Company. 2005. Print

Schmid, Konrad. In The Name of God? The Problem of Religious or Non-Religious Preambles to State Constitutions in Post-atheistic Contexts. Religion in Eastern Europe. Nappanee, Indiana, U.S.A. Evangel Press. 2004. Print.