ConstitutionLaw for Criminal Justice

ConstitutionLaw for Criminal Justice


TheMemorial Remonstrance was a protest against the attempts of thegovernment to overlook the citizens’ religious affairs, as proposedby the members of Assembly of Virginia. James Madison believed thatpeople would be compelled to worship or to participate in religiousmatters if the state offered to support religion (Madison, 2012). Heargued that despite government properties beinglimited,making religion a government initiative would result in people havingreligious convictions based on their consciousness.


TheFree Exercise Clause usually forbids the state frommeddling in religious activities. This clause provides the freedom ofinvolvement in any religion it gives a person the freedom to believein any religion he or she prefers (Clark, 2011). Due to the rise interrorist activities, the Muslim community has been an exemption tothe provisions of the clause. Regarding the rising levels ofextremism and terrorism, the clause is subject to scrutiny in orderto facilitate the monitoring of Muslim religious activities.


TheFirst Amendment restrains the government from meddling in the affairsof religion. It prevents the State from establishing a preferredreligion or from discriminating some religion beliefs – theseparationist approach supports this amendment. In addition, thisapproach believes that the state should be entirely neutral onreligious matters. According to the separationists, religion belongsto the people, and the government should not be concerned withpeople’s places of worship (Chemerinsky,2012). On the other hand, the accommodationist approach argues thatthe government should be concerned with religion and religiousactivities in order to maintain civil order through introducing moralvalues.


TheLemon Test was established to provide requirements and stipulations,which must be satisfied, in order for a law to go through the reviewprocess. The three requirements are that:

  • The law must possess a secular purpose otherwise, it is contrary to the Establishment Clause.

  • If the main impact is either hinders or promotes religion, then it is contrary to the Establishment Clause

  • If the law supports government involvement in religion and religious activities, then it is contrary to the Establishment Clause


TheFirst Amendment contains the Free Exercise and Establishment Clause.The latter was intended to prevent the State from providing financialassistance to religions. In addition, it was meant to restrain thegovernment from the establishing a national religion (Chemerinsky,2012). On the other hand, the Free Exercise Clause was for bestowingfreedom of worship in any religion of preference to the citizens ofthe United States. People are to choose to believers to any faiththey prefer or non-believer if they so wish.


Chemerinsky,E. (2012). Why Church and State Should Be Separate. Wm. &amp Mary L.Rev., 49, 2193.

Clark,J. M. (2011). Guidelines for the Free Exercise Clause. Harvard LawReview, 327-365.

Madison,J. (2012). Memorial and Remonstrance Against Religious Assessment[1785]. Database on-line. Available from http://www. php. Accessed, 16.