Relationship of the government and the religion - Essay Example

Question The two clauses are concerned with the relationship of the government and the religion. Although the two clauses were meant to serve common values they sometimes to conflict. Meaning of the establishment clause: The clause prohibits the government from establishing a religion. The clause bars the federal government from declaring and financially supporting any national religion. It is not clear whether the clause was meant to stop the federal government from supporting Christianity. The precise definition of establishment is also not clear. 1Some people point out that the same congress that passed the clause always started the amendment session with prayers and voted to allocate federal dollars to establish a Christian mission in the Indiana land. The establishment clause was meant to separate the state and the church. The view could have been triggered by the famous writings by Thomas Jefferson and James Madison. The two advocated for the establishment of the wall of separation, between the church and the state. In his writing in the Virginia statute for religious freedom, Jefferson made statement about the freedom of conscience and the Principe of separation between the state and the church. The Virginia religious freedom statue was rooted in Jefferson philosophy. The statute was passed by Virginia general assembly in January 1786. It is among the first amendment that sort to protect the freedom of religion. The first paragraph of the statute proclaimed freedom of thought. According to Jefferson, the nature God gives a man the freedom to choose his religious belief. Jefferson argues that since the God has given the man freedom of thought – to believe or not to believe- there should be no law that compels a man to follow any religion. Individuals are free to worship as they please with no discrimination. Jefferson wanted the assembly to enact that individuals should not be forced be to support any religious worship, or enforced, restrained in their bodies and/or goods or suffers due to their religious opinion or belief. Moreover, all individual are free to profess and by argument maintain their opinion on religious matter. Their opinion on matters of religion should not affect in any way their civil capacities. The two clauses seem to uphold the view of the Jefferson. The establishment clause prevents the state from influencing any religious opinion on its citizen. The free exercise clause, protects the citizens right to practice their religion as they please. However the practice should not contradict public morals or a compelling government interest. For instance, the state could force children injections where parent prohibits such action due to religious opinion. The state has overriding interest to protect the public health and safety. As mentioned earlier the establishment and free exercise clauses conflict. The court helps in resolving such conflicts. For example, in 1984, the united state high court ruled that the act of inviting the religious leaders to public school be a violation of the establishment clause. Question 2 a) The religious collation by political means seeks what the constitution prohibits in the following way. 1. It violates the establishment clause that seeks to separate the state and religion. It violates the freedom of thought. God created man and gave him a free mind. He does not intervene in the affairs of man. He gave the man the freedom to believe, or not believe and choose his religious belief. Any attempt to influence the mind of a man is therefore, a departure from the plan of the God. 2. It violates the equality that ought to be the basis of every law. The declaration right art proclaim that men are independent by nature. Individuals have the freedom to embrace, profess, and observe a religion that he or she believes is from a divine source. A religious coalition by political means compels individual to observe religion that is not from a divine source. It is therefore; wrong to deny equal freedom to those whose mind is yet to yield to the evidence that has convicted other to join a religion. 3. It is a contradiction of religion itself. By use of political means indicate dependence on the worldly powers. This is a contradiction of religion because it is known that religion existed with or without the support of human law. Religion not only flourished during the period of miraculous aid but also long after it had been left to its evidence and its ordinary care of the providence. 4. Because it destroys, the moderation and harmony that the restrain of the law from interfering with religion, has produced among several sects. b) The result of the free exercise clause is that there are numerous religions in united state. An attempt by any religion group to represent the nation as a national heritage or claim to be moral conscious is sure to be met with opposition from other religious groups and nonreligious groups. For instance, before the revolution of America, the Anglican church of England was the state church of Virginia colony. All the residents of Virginia were compelled to attend church service and support its operations through taxation. The domination of the church in the state irritated other religious sects such as Presbyterian and baptism and individuals such as Thomas Jefferson. They were determined to reduce its dominance. This triggered Jefferson to draft religious freedom statute in 1777. The statute was adopted by the Virginia national assembly. 2The statute was in support of religious populism that would protect the right of the minority religions against the Anglican religion that had the support of the state. Jefferson observed that some of the religions were fond of forcing their particular belief on other and felt that law must guard against such tendencies. He realized that by forcing other people to bind to your religion is a kind of tyrannical. Establishing a state religion is a dangerous fallacy that can destroy all religious liberty. This is because the person that is forcing others to bind to his religion will make his opinion the rule of judgments. They will then either condemn or approve the opinion of others based on whether they are similar or differ to his. Question 3 The history of development of California political system According to the 1849 State Constitution of Californias first state constitution, California has passed several stage of political development. Such stages are political unification; modernization and welfare politics stage. Politics of unification: In this stage of development, the government try to make society into state. The government needs to make its central role, guard against any early disunion and develop local economies. This stage was abolished by early California during the time of gold rush and colonial time. When colonialist, left California, they had introduced several government patterns that later became part of California constitution, this includes a multi tiered judicial system. The unification stage ended when California was admitted to the America union (Brian and Ken 89). The next stage that shaped the California political system was modernization that was marked by rapid industrialization. During the industrialization stage massive project such electricity generation, water planning projects, oil discovery and World War II attracted many immigrants to California and modernized the state. The other stage of political development is the welfare politics: Through this stage the role of the government is to improve the citizen living standard, shield them from hardship and assist less fortunate. In California progressive movement, depression and leadership of Governor Earl Warren and Edmond G. shaped this stage. The California version of national wide progressive movement eliminated the overbearing political influence of the SPR3. It emphasized on individualism and nonpartisan. The progressive reforms wakened the political parties. The result was a nonpartisan spirit to accomplish common goal. Development of the political system in the united state After the completion of creation of the bill of right, the US government turned its attention into financing the budget. Alexander Hamilton was appointed as the principle secretary of treasury. Hamilton was determined to develop an economic structure that would give public confidence in the government financial affairs. In his fiscal plan, Hamilton believed that a strong central government was critical to promoting businesses, build industries and prevent chaos within the Americas border. This perspective shaped his fiscal plan. One of the elements of his plan was that the central government would assume the depth of the state. Hamilton believed by accepting the debt the public would gain more confidence with the central government. Majority of American trusted the Hamilton plan to finance the national government. However, there were some who opposed this plan. His most outspoken critic was the secretary of state Thomas Jefferson. Jefferson believed in decentralized government whose primary role is to protect mans natural rights to life liberty and property4. Contrary to Hamilton view Jefferson believed state should hold greater authority than the natural government. The two party systems emerge. Up to date the views of the two parties represent U.S. public opinion. Comparing their history it is evident colonialist influence the political system of both California and the united state. The unification and modernization stages are of political development is similar in both US and California. However, the politic of welfare stage varies. unlike US- where political party is strong- the state of California eliminated the overbearing political influence. It emphasizes on individualism and a nonpartisan politics. Bibliography  Religion and the Founding of the American Republic. Library of congress. 17 Nov. 2012. Web. 09 Dec. 2014. . The Papers of James Madison. Edited by William T. Hutchinson et al. Chicago and London: University of Chicago Press, 1962--77 (vols. 1--10); Charlottesville: University Press of Virginia, 1977--(vols. 11-- The papers of Thomas Jefferson. The Virginia Statute of Religious Freedom: University of Virginia Press, 1962--77 (vols. 1--10); Charlottesville: University Press of Virginia, 1977--(vols. 11-- The 1849 State Constitution of Californias first state constitution. Read More