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First Amendment, Religious Liberty Discussion Guide

First Amendment, Religious Liberty Discussion Guide 

  • Overview of Primary Sources 
    • Virginia Declaration of Rights (1776)   
    • James Madison, Memorial and Remonstrance (1785)   
    • Virginia Statute for Religious Freedom (1786)   
    • First Amendment (1789)   
    • George Washington, Letter to the Hebrew Congregation at Newport, 1790 
    • Thomas Jefferson, Letter to the Danbury Baptist Association, 1802 
  • Overview of the Freedom of Religion Case Studies 
    • Everson v. Board of Education (1947) 
    • Engel v. Vitale (1962) 
    • Employment Division v. Smith (1990) 
  • External links for additional support 
  • Discussion Questions 

 

Overview of Primary Sources 

Virginia Declaration of Rights  

Central Question:   

  • How is religious belief and practice a matter of individual conscience rather than state coercion? 


Connection to First Amendment and Religious Liberty:  

  • This document serves as a foundational text for the First Amendment’s religious liberty guarantees. It articulates the principle that the government should not dictate religious belief or practice, emphasizing individual conscience. This idea would later be enshrined in the Free Exercise Clause of the First Amendment. 

James Madison, Memorial and Remonstrance 

Central Question:  

  • Why is religious liberty an unalienable right, and how should civil society protect it? 


Connection to First Amendment and Religious Liberty: 

  • Madison’s influential argument for religious liberty directly shaped the First Amendment. He contended that religious liberty is an unalienable right and government should not involve itself in religious matters, because government involvement corrupts religion. 

 

Virginia Statute for Religious Freedom 

Central Question:  

  • How does this statute protect both religious and civil liberty? 


Connection to First Amendment and Religious Liberty: 

  • This statute, drafted by Thomas Jefferson, provides a practical application of the principles outlined in the Declaration of Rights. It explicitly prohibits the establishment of a state religion and mandates tolerance for all religious beliefs. These principles were incorporated into the Establishment and Free Exercise Clauses of the First Amendment. 

 

George Washington, Letter to the Hebrew Congregation at Newport 

Central Question:  

  • How does Washington’s view of religious liberty differ from mere toleration, and how does it relate to citizenship? 


Connection to First Amendment and Religious Liberty: 

  • In this letter, Washington expresses a vision of religious liberty that extends beyond mere toleration. He affirms the right of all citizens to practice their faith freely, regardless of religious affiliation. This sentiment aligns with the First Amendment’s guarantee of free exercise of religion. 

 

Thomas Jefferson, Letter to the Danbury Baptist Association 

Central Question:  

  • What does Jefferson mean by a “wall of separation between church and State,” and how does this relate to religious liberty as a natural right? 


Connection to First Amendment and Religious Liberty: 

  • Jefferson’s “wall of separation” metaphor is not explicitly stated in the First Amendment, or anywhere else in the Constitution, but has become a cornerstone of Establishment Clause jurisprudence. Jefferson argued that government should remain neutral in matters of religion, ensuring that the state does not favor or discriminate against any faith. 

 

Overview of Case Studies 

Everson v. Board of Education (1947) 

Central Question:   

  • How does the incorporation of the Establishment Clause through the Fourteenth Amendment affect state and local governments? 


Connection to First Amendment and Religious Liberty: 

  • This landmark case incorporated the Establishment Clause into the Fourteenth Amendment, making it applicable to state and local governments. The Court held that government aid to religious schools must have a secular purpose and must not result in excessive government entanglement with religion. 

 

Engel v. Vitale (1962) 

Central Question:   

  • Does state-sponsored prayer in public schools violate the Establishment Clause? 


Connection to First Amendment and Religious Liberty: 

  • Engel v. Vitale (1962) was a pivotal case in the realm of school prayer. The Court ruled state-sponsored prayer in public schools violates the Establishment Clause, emphasizing that government-sponsored religious activity is unconstitutional. 

 

Employment Division v. Smith (1990) 

Central Question:   

  • How do regulations about the use of illegal substances apply when those substances are used for religious purposes? 


Connection to First Amendment and Religious Liberty: 

  • Employment Division v. Smith (1990) involved the question of whether the Free Exercise Clause requires exemptions from generally applicable laws for religious practices. The Court held that, generally, individuals must comply with neutral laws of general applicability, even if those laws incidentally burden religious practice. This decision has been subject to much debate and subsequent legislative action. 

 

Supplemental Links 

Sample Questions to use with Discussion Protocols 

You may use the following questions when discussing the First Amendment and religious liberty primary sources and case studies with your students. Here are suggestions on how to lead discussions in your classroom: Discussion Protocols 

  • How did the concept of religious liberty evolve from mere toleration to a natural right during the Founding eras? Use specific examples from the primary sources to support your answer. 
  • Compare James Madison’s and Thomas Jefferson’s views on religious liberty as expressed in their writings. How are their perspectives similar or different? 
  • Analyze the phrase “wall of separation between church and State” from Jefferson’s letter to the Danbury Baptist Association. How does this concept relate to the Establishment Clause of the First Amendment? 
  • Discuss the relationship between religious liberty and civic virtue as presented in these primary sources. How did the Founders view religious freedom as contributing to good citizenship? 
  • Evaluate the impact of the Virginia Statute for Religious Freedom on the development of the First Amendment. What key principles from this document are reflected in the First Amendment? 
  • How does George Washington’s letter to the Hebrew Congregation at Newport demonstrate the shift from religious toleration to religious liberty? What implications does this shift have for minority religious groups? What implications does it have for the relationship of church and state?  
  • Analyze the potential tensions between individual religious liberty and majority rule as discussed in Madison’s Memorial and Remonstrance. How does Madison propose to protect minority rights? 
  • Compare the language used in the Virginia Declaration of Rights (1776) with that of the First Amendment (1791). How did the concept of religious liberty evolve during this period? 
  • Discuss the Founders’ emphasis on conscience and reason in matters of religion. How does this reflect Enlightenment thinking, and how does this shift differ from earlier approaches to religion in government? 
  • Based on these primary sources, analyze the Founders’ arguments denying power to government power over religious beliefs and practices. How do these arguments relate to modern debates about religious liberty and separation of church and state? 
  • Evaluate the claim that religious liberty is an “unalienable right” as presented in these documents. How does this concept of religious freedom differ from earlier European models? 
  • Discuss the potential challenges in balancing the “free exercise” of religion with the prohibition on “establishing” religion, as outlined in the First Amendment. How do the primary sources inform this ongoing debate?