Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Lemon V. Kurtzman (Lemon I), 1971, Nathan Dorius
Lemon V. Kurtzman (Lemon I), 1971, Nathan Dorius
Brigham Young University Prelaw Review
Since the authors of the Constitution first gathered to create the supreme law of the land, the relationship between church and state has often been at the forefront of debate. The contention has been over interpretation of the First Amendment's Religion Clause: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;... " This portion of the First Amendment has been divided by the courts into two separate "clauses", one being the Establishment Clause and the other being the Free Exercise Clause. In 1947 the United States Supreme Court (hereafter referred to as "the …
The Rising Wall: Everson V. Board O(Education, Rose Lindsay
The Rising Wall: Everson V. Board O(Education, Rose Lindsay
Brigham Young University Prelaw Review
The interlocking of church and state has been one of the most prolific sources of human strife. The American founding fathers recognized the precarious nature of the relationship between church and state. They accepted the basic premise, enunciated by James Madison in his Memorial and Remonstrance Against Religious Assessments, "religion is not within the cognizance of Civil Government"(Cord 1982, 247). To prevent the treacherous combination of religious power with federal power, the founding fathers added the First Amendment to the United States Constitution in 1791. Breaking sharply with the past's tradition of melding church and state, they declared. "Congress shall …