Tuesday, August 20, 2024

The Handful of Words that We Will Be Studying

Here is the relevant text of the First Amendment: 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech."

In Everson, we immediately need to worry about  three things:

1. Where does it say anything about "a wall of separation between church and state"?

2. Does Congress mean state and local government?

3. What does "respecting" mean? Are there two sides to the word "respecting"?


Now consider the 14th Amendment:


Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

No comments: