ABSTRACT
Congress shall "make no law respecting an establishment of religion, or prohibiting the free exercise thereof", begins the First Amendment. The establishment and free exercise clauses embody the American solution to one of the dilemmas of the modern world—the proper relation of state and religion, and of individuals to their God and their government. By the time the Bill of Rights became part of the Constitution in 1791, two competing visions had developed that shaped laws affecting religious liberty: accommodation and separation. The establishment clause limits government support of religious endeavors and, more important, bars it from becoming the tool of one faith against others. Cases under the establishment clause typically test public policies that arguably aid religion. In contrast, cases under the free exercise clause challenge public policies that seem to burden religion. Even though the religion clauses work together to guard religious freedom, they focus on different threats and so at times may be in tension.
