The Constitution on Religion

There are three places in the Constitution of the United States where the issue of religion is directly or indirectly raised:

Article VI Section (3)

"The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. [emphasis added] "

Amendment I

" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [emphasis added] "

Amendment XIV Sections (1) and (5)

" 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 to deny to any person within its jurisdiction the equal protection of the laws. ... The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [emphasis added] "
Although Amendment XIV does not mention religion explicitly, the Supreme Court has from time-to-time used this amendment to exert Federal authority over issues of religious freedom and education at the State and local levels. For this reason, it is generally accepted that the restrictions on the Federal government described in Article VI and Amendment I apply to the States and local governments.
Copyright © 1996
"Orville R. Weyrich, Jr." <orville@weyrich.com>

Last updated: August 13, 1996; Version: 1.1