The Meaning of the First Amendment
![Post Post](./styles/prosilver/imageset/icon_post_target.gif)
What does the language of the First Amendment mean?
Should the Amendment be construed as arising from and expressing one general idea?
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.
Or does the Amendment actually set out six different regulations, each to be interpreted independently? Then, should it actually have been written as follows?
1. Congress shall make no law respecting the establishment of religion.
2. Congress shall make no law prohibiting the free exercise of religion.
3. Congress shall make no law abridging the freedom of speech.
4. Congress shall make no law abridging the freedom of the press.
5. Congress shall make no law abridging the right of the people peaceably to assemble.
6. Congress shall make no law abridging the right of the people to petition the government for a redress of grievance.
Currently prevailing American Supreme Court decisions indicate that only the establishment and free exercise clauses determine our rights on religious liberty, and it interprets these separately, allegedly based on the original intent of their meaning as determined by relevant historical circumstances. However, is it correct to uphold these clauses as distinct in purpose and without regard to the overall context of the Amendment? And has the Court, indeed, honestly and fairly outlined the true historical basis which demonstrates the originally intended meaning of the First Amendment in respect to the freedom of religion?
These questions are complex and require reviewing a multitude of decisions made by the Court. However, if mistakes have been made, or if the law actually has been deliberately altered from the Amendment's true meaning, then there must be a way for average citizens to understand what is involved and what has gone on. In this thread, from time to time, I will post on particular cases dealing with key issues, in an attempt to clarify how the Amendment should be understood historically, and how the Court has given it a particular meaning. By breaking the principles down to shorter units of thought, I hope to bring clarity to all the issues in what normally must be undertaken as a prolonged process of examination.
Your comments on the thoughts expressed and evaluations of relevant issues are welcomed. (However, please do so by beginning a new topic in this section, to preserve the train of thought in the presentation as uninterrupted).
M. Paul Webb
Copyright
Should the Amendment be construed as arising from and expressing one general idea?
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.
Or does the Amendment actually set out six different regulations, each to be interpreted independently? Then, should it actually have been written as follows?
1. Congress shall make no law respecting the establishment of religion.
2. Congress shall make no law prohibiting the free exercise of religion.
3. Congress shall make no law abridging the freedom of speech.
4. Congress shall make no law abridging the freedom of the press.
5. Congress shall make no law abridging the right of the people peaceably to assemble.
6. Congress shall make no law abridging the right of the people to petition the government for a redress of grievance.
Currently prevailing American Supreme Court decisions indicate that only the establishment and free exercise clauses determine our rights on religious liberty, and it interprets these separately, allegedly based on the original intent of their meaning as determined by relevant historical circumstances. However, is it correct to uphold these clauses as distinct in purpose and without regard to the overall context of the Amendment? And has the Court, indeed, honestly and fairly outlined the true historical basis which demonstrates the originally intended meaning of the First Amendment in respect to the freedom of religion?
These questions are complex and require reviewing a multitude of decisions made by the Court. However, if mistakes have been made, or if the law actually has been deliberately altered from the Amendment's true meaning, then there must be a way for average citizens to understand what is involved and what has gone on. In this thread, from time to time, I will post on particular cases dealing with key issues, in an attempt to clarify how the Amendment should be understood historically, and how the Court has given it a particular meaning. By breaking the principles down to shorter units of thought, I hope to bring clarity to all the issues in what normally must be undertaken as a prolonged process of examination.
Your comments on the thoughts expressed and evaluations of relevant issues are welcomed. (However, please do so by beginning a new topic in this section, to preserve the train of thought in the presentation as uninterrupted).
M. Paul Webb
Copyright