Carter

What is the Establishment Clause?

The Establishment Clause is the beginning part of the First Amendment when it speaks about Religion. It is the part that states “Congress shall make no law respecting an establishment of religion.” This part of the Amendment has brought upon many arguments of Government and Religion.

Stephen L. Carter discusses points of each argument and explains the history behind the Religion vs. Government. He states that “For most of American history, the principal purpose of the Establishment Clause has been understood as the protection of the religious world against the secular government (Carter 104).” This is one of the most controversial arguments dealing with the clause. It is the argument of whether the clause protects religion from Government or if it’s really protecting the Government from Religion. Carter attempts to explain both sides of the argument but he tends to favor the side that is sensitive to the issue of the religious aspects not getting funding and the double standards that exist within the system.

I found it amusing that he does not let the Government justify the funds for the celebration of Christmas through the season by letting them slide with the excuse that it is the “Fabric of our society”. Carter counters it with the point, “Racial segregation was once part of the fabric of our society; so was prohibiting the women’s vote, and corrupt patronage politics in the big cities (Carter 109).” He argues, should that still be incorporated today because it was the fabric of our society? I think this is a valid argument.

The Government should not be able to dictate what they can and cannot monetarily support when it comes to this “clause”. The law makes its citizens obey the Lemon Law and the Government should always follow it as well. It should not be able to choose when they will follow it and when they won’t.

Carter, Stephen L. "The Separation of Church and State." A World of Ideas: Essential Readings for College Writers. Ed. Lee A. Jacobus. Trans. Stephen Mitchell. 7th ed. New York: Bedford/St. Martins, 2006. pp99-112.