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The free exercise clause is located in the First Amendment. The original text is, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." (emphasis added).

The original intent of the free exercise clause was to protect the government from taking over or getting involved in a person's religion.

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12y ago
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15y ago

It is the second clause in the first sentence of the first amendment to the US Constitution. The first clause is the "Establishment Clause," the second, the "Exercise Clause." It's about religious freedom, and the Amendment reads:

"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. "

The emboldened part is the "Exercise Clause."

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8y ago

The free exercise clause of the 1st Amendment protects the rights of all citizens to freely practice their chosen religion without retribution, condemnation, or discrimination. It is, however, not absolute, being that a person cannot practice religious beliefs that break secular laws, i.e. sacrifice, drug use.

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14y ago

The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. 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... "

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11y ago

The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. 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..."

In 1878, the Supreme Court was first called to interpret the extent of the Free Exercise Clause in Reynolds v. United States, as related to the prosecution ofpolygamy under federal law. The Supreme Court upheld Reynolds' conviction for bigamy, deciding that to do otherwise would provide constitutional protection for a gamut of religious beliefs, including those as extreme as human sacrifice. The Court said (at page 162): "Congress cannot pass a law for the government of the Territory which shall prohibit the free exercise of religion. The first amendment to the Constitution expressly forbids such legislation." Of federal territorial laws, the Court said: "Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices."

Jehovah's Witnesses were often the target of such restriction. Several cases involving the Witnesses gave the Court the opportunity to rule on the application of the Free Exercise Clause. Subsequently, the Warren Court adopted an expansive view of the clause, the "compelling interest" doctrine (whereby a state must show a compelling interest in restricting religion-related activities), but later decisions have reduced the scope of this inte

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