The Constitutional Principle: Separation of Church and State 


First Amendment
Religion and Expression

This section of our web site contains excerpts from The Constitution of the United States of America, a publication of the Library of Congress. The main index to the entire publication can be found at

http://www.access.gpo.gov/congress/senate/constitution/toc.html

We have republished here only the sections referencing religious issues. This text as well as the text dealing with other First Amendment issues can be found at

http://www.access.gpo.gov/congress/senate/constitution/amdt1.html

In order to speed download times, we have broken the excerpts into several sections. Clicking on the numbers at the left of each title will take you directly to that title.

To facilitate researchers' work, the original page numbers from the paper document have been inserted to indicate page breaks.


The Constitution

of the

United States of America

Analysis and Interpretation

Annotations of Cases Decided by the
Supreme Court of the United States

PREPARED BY THE
CONGRESSIONAL RESEARCH SERVICE
LIBRARY OF CONGRESS


http://www.access.gpo.gov/congress/senate/constitution/amdt1.html

FIRST AMENDMENT

RELIGION AND EXPRESSION

CONTENTS
I Religion
1 An Overview 969
2 Scholarly Commentary 970
3 Court Tests Applied to Legislation Affecting Religion 972
4 Government Neutrality in Religious Disputes 974
969
II Establishment of Religion
5 Financial Assistance to Church-Related Institutions 977
6 Governmental Encouragement of Religion in Public Schools: Released Time 991
7 Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading 993
8 Governmental Encouragement of Religion in Public Schools: Curriculum Restriction 996
9 Access of Religious Groups to School Property 997
10 Tax Exemptions of Religious Property 997
11 Exemption of Religious Organizations from Generally Applicable Laws 999
12 Sunday Closing Laws 999
13 Conscientious Objection 1000
14 Regulation of Religious Solicitation 1001
15 Religion in Governmental Observances 1002
16 Miscellaneous 1004
977
III Free Exercise of Religion
17 The Belief-Conduct Distinction 1007
18 The Mormon Cases 1009
19 The Jehovah's Witnesses Cases 1010
20 Free Exercise Exemption from General Governmental Requirements 1011
21 Religious Test Oaths 1019
22 Religious Disqualification 1019
1005
IV The "Absolutist" View of the First Amendment,
with a Note on "Preferred Position"
1048
V Freedom of Belief
23 Flag Salute Cases 1053
24 Imposition of Consequences for Holding Certain Beliefs 1054
1053