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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: one_less who wrote (80263)1/19/2004 10:22:44 PM
From: TimF  Read Replies (2) | Respond to of 82486
 
Chris and Karen are correct about the legal term "establishment".

Of course because congress is also bared from prohibiting the free exercise of religion it would normally be prohibited from private individuals "establishing" (using the common sense of the word rather then the legal sense) a religion. This limit on government power comes from the free exercise clause not the establishment clause.

When the constitution says "Congress shall make no law respecting an establishment of religion", it means that Congress shall not make an official religion. Later it was interpreted in a broader sense to apply to the states as well as congress and to consider many form of state favoritism other then an actual establishment of an official religion to be unconstitutional.

Then the amendment goes on to say "or prohibiting the free exercise thereof" which gives you the right to exercise religion including founding/establishing one.

Tim