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Religious Freedom and the Constitution

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When the framers of the U.S. Constitution prohibited religious tests for public office and established church-state separation, they launched a revolutionary experiment that would transform religious freedom in America. Through examination of Constitutional Convention proceedings, early state constitutions, Supreme Court decisions, and testimonies from religious leaders, this historical analysis traces how Jewish Americans and other religious minorities gained unprecedented protections as the nation evolved from colonial-era religious restrictions toward constitutional equality. While Article Six and the First Amendment's Establishment Clause marked dramatic departures from European requirements for religious oaths, individual states continued to impose religious disabilities well into the 1800s, with some restrictions persisting until 1912. Contemporary challenges, exemplified by landmark cases like Engel v. Vitale, have tested the boundaries between religious exercise and establishment, particularly regarding prayer in public schools. Analysis of these constitutional developments reveals that America's doctrine of church-state separation serves dual purposes: protecting religious integrity while maintaining governmental neutrality. This constitutional framework has created a secular state that accommodates religious pluralism, benefiting religious minorities by preventing majoritarian religious practices while preserving individual religious freedom - a distinct American contribution to constitutional governance and religious liberty.

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    Published 1963

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  • Publication Credits

    Seymour Cohen