Establishment Clause

Constitutional law of the United States
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In United States law, the Establishment Clause^[1] of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government.^[2] By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories, are prohibited from establishing or sponsoring religion.^[2]

The clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the first constitutions of Pennsylvania and New Jersey. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation. In 1789, then-congressman James Madison prepared another draft which, after discussion and debate in the First Congress, would become part of the text of the First Amendment of the Bill of Rights. The Establishment Clause is complemented by the Free Exercise Clause, which prohibits government interference with religious belief and, within limits, religious practice.^[2]

The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation establishing an official religion and, by interpretation, makes it illegal for the government to promote theocracy or promote a specific religion with taxes. The Free Exercise Clause prohibits the government from preventing the free exercise of religion. While the Establishment Clause prohibits Congress from preferring one religion over another, it does not prohibit the government's involvement with religion to make accommodations for religious observances and practices in order to achieve the purposes of the Free Exercise Clause.