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Explain, with examples, the difference between the establishment and free exercise clause of the first amendment

Respuesta :

 The First Amendment provides:  “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”  These two clauses are referred to as the “establishment clause” and the “free exercise clause.”  As with that part of the First Amendment which protects freedom of speech, both of these clauses have been applied to the states, and therefore operate against all levels of government in the United States.  The free exercise clause protects the religious beliefs, and to a certain extent, the religious practices of all citizens.  The more controversial establishment clause prohibits the government from endorsing, supporting, or becoming too involved in religion and religious activities.

      Both clauses protect the same values, and often a violation of one would also be a violation of the other.  For example, mandatory prayer in schools would constitute an improper establishment of religion and would also interfere with the free exercise rights of those students who did not believe in that particular prayer or prayer in general.

     There is, however, an inherent tension between the two clauses.  If the government goes too far in protecting one, it risks violating the other.  For example, if the government refuses to provide certain services (i.e., fire and police protection) to churches, that might violate the free exercise clause.  If the government provides too many services to churches (perhaps extra security for a church event), it risks violating the establishment clause.  If schools prohibit all student prayer on school property, they may violate the free exercise clause.  But if they allow student led prayers during school hours, they may violate the establishment clause.

Hope This Helps.

Mark Brainlinest Plzzz