Free Exercise Clause

Written By Jonathan Milner

The Free exercise clause prohibits the government from making any law “prohibiting the free exercise of religion.” The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

The First Amendment reads: 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.

 
 

Questions

  1. Write out the words of the Free Exercise Clause then translate it to plain English.

  2. If you were queen or king for the day (you aren't) explain whether you would do away with the Free Exercise Clause.

  3. Do you think the the Free Exercise Clause is jealous of its more famous brother, Santa?

  4. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of religion." In your reading of this clause, give an example of one thing this would not allow an individual to do even if they considered it an exercise of their religion.

  5. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of religion." In your reading of this clause, give an example of one thing this would allow an individual to do even if they considered it an exercise of their religion.

  6. Free Exercise Clause backwards is Esualc Esicrexw Eerf. What language does that sounds like?

  7. Will you be able to remember Free Exercise Clause now or would you like to make up your own cute little mnemonic device for remembering it? Please share.

  8. Describe an example of Free Exercise Clause in current events:

  9. Are there any religions that you think should not be able to exercise their religion freely?

  10. Do you think the Free Exercise Clause or the Establishment clause is more important?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw the Free Exercise Clause! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

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Establishment Clause
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