Analysis of information sources in references of the Wikipedia article "美国宪法第一修正案" in Chinese language version.
Last modified:
Accomodationists, on the other hand, read the establishment clause as prohibiting Congress from declaring a national religion or preferring one to another, but laws do not have to be shorn of morality and history to be declared constitutional. They apply Lemon only selectively because "[w]e are a religious people whose institutions presuppose a Supreme Being" as Justice DOUGLAS wrote in ZORACH V. CLAUSON. 343 U.S. 306 (1952).
First Amendment Politics: At the risk of oversimplifying a very complicated situation, I suggest that conservative justices tend to favor a weak reading of both the Free Exercise and Establishment clause, while liberals tend to favor strong readings. That is, conservative justices have been less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities. Liberals, by contrast, have been opposed to any possibility of a religious establishment and they have been relatively more concerned to protect the free exercise rights of minorities.
Conservatives claim that liberals misinterpret the establishment and free exercise clauses of the First Amendment. They point to the opinion written for the Supreme Court by Hugo Black in Everson v. Board of Education: "The 'establishment of religion' clause of the First Amendment means at least this: neither a state nor a Federal government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another." The establishment clause, conservatives insist, precludes the national state from promoting any religious denomination but does not prohibit state governments and local communities from developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government's goals.
Accomodationists, on the other hand, read the establishment clause as prohibiting Congress from declaring a national religion or preferring one to another, but laws do not have to be shorn of morality and history to be declared constitutional. They apply Lemon only selectively because "[w]e are a religious people whose institutions presuppose a Supreme Being" as Justice DOUGLAS wrote in ZORACH V. CLAUSON. 343 U.S. 306 (1952).
First Amendment Politics: At the risk of oversimplifying a very complicated situation, I suggest that conservative justices tend to favor a weak reading of both the Free Exercise and Establishment clause, while liberals tend to favor strong readings. That is, conservative justices have been less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities. Liberals, by contrast, have been opposed to any possibility of a religious establishment and they have been relatively more concerned to protect the free exercise rights of minorities.
Conservatives claim that liberals misinterpret the establishment and free exercise clauses of the First Amendment. They point to the opinion written for the Supreme Court by Hugo Black in Everson v. Board of Education: "The 'establishment of religion' clause of the First Amendment means at least this: neither a state nor a Federal government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another." The establishment clause, conservatives insist, precludes the national state from promoting any religious denomination but does not prohibit state governments and local communities from developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government's goals.
