Introduction to Religion and the Constitution

Most elementary American history textbooks point out that many of the colonists came here seeking escape from religious persecution. Some of the colonies developed established religions with no tolerance for other religions, while others permitted religious tolerance. In Virginia, James Madison and Thomas Jefferson were able to have legislation passed that became the basis for our First Amendment.

The First Amendment contains two clauses on religion--the "free exercise" clause and the "establishment " clause. Both clauses involve issues that are relevant to elementary students, for they will come into contact with other students with diverse religious beliefs, and the schools they attend will continue to confront questions regarding prayer, moments of silence, clergy at graduations and the appropriateness of religious songs or display at Christmas assemblies.

Students will be able to:

1. Indicate their initial opinions about statements concerning the religion clauses of the First Amendment.

2. Determine whether particular colonial policies would have violated the First Amendment’s establishment clause or free exercise clause.

3. Discuss the need for the First Amendment’s religion clauses as a result of conditions in colonial Massachusetts.

Handouts: 1A, "Religion & the Constitution: What’s Your Opinion?;" 1B "First Amendment: Religion"

1-2 class periods

1. Distribute Handout 1A, "Religion & the Constitution: What’s Your Opinion." Explain that this is intended simply to find out your initial attitudes about some of the issues that will be discussed this year. If students are maintaining a portfolio, this should be included, for it will be taken again at the end of the unit. It is optional as to how much time a teacher wishes to devote to this survey, for the items will be presented in subsequent lessons. You may simply wish to obtain the overall data from the class and comment on a couple items with the widest difference of opinion.

2. Distribute Handout 1B, "First Amendment: Religion" and have students complete it. Discuss the meaning of each separate word or phrase: what is Congress and what level of government is it? what is the meaning of "no law," "respecting an establishment of religion," and "the free exercise."

Lead a class discussion about the need for the First Amendment based on the seven items on Handout 1B.

Have students return to Handout 1B: First Amendment: Religion. Students should select one of the seven laws described in the handout and write a story about a person who broke that law and how the person was punished. At the end of the story, have students show how the law violates the First Amendment and whether the law violates the Establishment Clause or the Free Exercise Clause.

Based on multiple intelligence theory.

Linguistic: Obtain a video of a short newscast about an issue involving religion and the First Amendment to show to the class. Divide the class into groups of three students each. Using the video as a model, each group should prepare a script for a newscast about a person who claims that his/her first amendment rights were violated because of a religious belief or practice. One student in the group will play the role of a reporter explaining the incident. A second student will portray the person claiming the violation and the third student will portray a legal expert explaining whether under the law, the First Amendment was actually violated. Each group should practice the newscast and then perform it for the class.

Students should write a letter to a friend explaining how the First Amendment protects both the establishment and practice of religion.

Logical/Mathematical: Have students solve analogies about constitutional rights; e.g.

Stopping the building of a church is to freedom of religion as

banning a political poster is to freedom of _____________

After filling in the blank, have students explain the relationship of the words underlined and how they solved the word puzzle or analogy.

Tell students that they have been denied the right to practice their religion. Ask students to explain the actions they would take, which actions they think would have the best results, and which actions would cause problems.

Kinesthetic: Have students return to Handout 1B. Instruct the class to hold a town meeting. Several students will be selected to role-play a person who is affected by each of the seven laws.

Students should then determine whether the law violates the Establishment Clause or the Free Exercise Clause of the First Amendment. Members of the town will question the students about these violations.

Intrapersonal: Have students answer the following questions: How would you feel if you or your family could not practice a certain religion? What would you do about it? Would you continue to practice your religion if it broke the law? Is the right to practice your religion important to you?

Spatial: Place the words "freedom of religion" in the center of the chalkboard. Have students write words and ideas that they associate with freedom of religion on the chalkboard. Create a mind map by using lines to connect words that are related to each other. Ask students to explain why they chose certain words or ideas.

Musical: Have students sing and recite songs about different religions. Ask students to identify the values that the songs represent. Take a poll to determine if the class believes that teachers should allow students to sing these songs in public school.

Directions: (1-4) The First Amendment bans the establishment of religion. Some of the following actions may violate the establishment of religion. If you agree it is a violation, write an "A" on the space before the number. If you disagree that it violates the establishment clause, write a "D" on the space before the number.

_____ 1. ... Prayer in public schools.

_____ 2. ... Moment for silent meditation in public schools.

_____ 3. ... Clergy speaking at public school graduations.

_____ 4. ... Prayers at public school graduations led by students

Directions: (5-10) The First Amendment bans any law that limits the "free exercise" of religion. Read each statement. If you mainly agree with it, write an "A" on the space before the number. If you mainly disagree with it, write a "D" on the space before the number.

_____ 5. There should be limits on our freedom to practice our religion.

_____ 6. The Mormons practiced polygamy (several wives). When a law made it illegal, they should have been allowed to continue this due to freedom of religion.

_____ 7. Jehovah’s Witnesses believed it was against their religion to say the Pledge of Allegiance to the flag. They should have been excused from laws requiring the pledge. .

_____ 8. The Amish religion objected to public high schools. They should have been excused from mandatory education laws to age 16.

_____ 9. A Seventh Day Adventist was fired because she refused to work on Saturdays. Her religion does not allow her to work on Saturdays. She also refused to take jobs where she had to work on Saturdays. Those were the only jobs the state unemployment agency could find for her. When people refuse jobs, they lose their benefits. Therefore, the unemployment agency should refuse to give her benefits.

_____10. Some Native American religions use peyote as a sacrament. Using peyote is also a crime. A Native American lost his job for using peyote as a sacrament. The state unemployment agency does not give people benefits when they are fired for breaking the law. Therefore, the agency should not give the Native American employment benefits.

Explain the meaning of the words or phrases at the left

Congress ____________________________________

shall make no law... ____________________________________

respecting an establishment of religion ____________________________________

or prohibiting the free exercise thereof… ____________________________________

The First Amendment contains two clauses concerning religion: (1) the establishment clause and (2) the free exercise clause. Prior to the Constitution (1787) and the First Amendment (1791), some colonies, such as the Massachusetts Bay Colony, had no religious tolerance. The Massachusetts Colony had laws that would have violated the First Amendment. Which clause-- (1) establishment or (2) free exercise--would have been violated if the First Amendment had existed in the 1600’s in Massachusetts?

____ 1. Colonists paid taxes to support the church.

____ 2. Only members of the official church could vote for government officials.

____ 3. Christmas was banned in the Massachusetts Colony.

____ 4. Anyone who broke a church law was tried in a government court.

____ 5. Roger Williams was expelled from the Massachusetts Colony for saying that people should worship God as they wish.

____ 6. Anne Hutchinson was banned from the Massachusetts Colony in 1637 for claiming God revealed his word directly to her.

____ 7. Mary Dyer, a Quaker, was hanged in 1656 because she returned to Massachusetts after she had been banned for her religious beliefs.

The conditions above (1-7) all took place in the 1600’s. Discuss the need for the First Amendment as a result of these conditions.