The Six 'Constitutional' Commandments
On June 17, 1999, the U.S. House of Representatives passed an amendment to H.R. 1501, the "Consequences for Juvenile Offenders Act of 1999." Amendment No. 200, sponsored by Representative Robert B. Aderholt (R-AL), declares that "the power to display the Ten Commandments on property owned or administered by the States is among the powers reserved to the States" by the Constitution. By proposing this amendment, it was Rep. Aderholt's intent to allow public schools to display the Ten Commandments in an attempt to prevent or reduce acts of violence. (Also see: Complete text of Aderholt Amendment.)
While Rep. Aderholt's "Ten Commandment" amendment passed the House by a vote of 248-180, it would almost certainly be struck down if challenged in the Supreme Court as violating the First Amendment of the Constitution. Why?
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." -- First Amendment to the Constitution of the United States (Complete Constitution)
The First Amendment contains two clauses referring to religion:
The Establishment Clause -- Bans Congress from passing any law dealing with the establishment of religion. (The basis of the concept of "separation of church and state.")
The Free Exercise Clause -- Bans Congress from passing any law that would prohibit the free exercise of religion.
A law allowing the Ten Commandments to be posted in public schools would clearly not prohibit the free exercise of religion. So, as is often the case, the Establishment Clause becomes the problem.
Out of concern for consistency in its interpretation of the First Amendment, the Supreme Court has developed a test the Justices apply to any religious practice that might conflict with the Establishment Clause -- the "Lemon" tests.
Next page The "Lemon" Tests of the Establishment Clause >Page 1, 2, 3
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