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GOVT 382 – Week 2Discussion Board Post

How did the Smith test alter from the Sherbet test? How has the change affected the government’s ability to regulate religious freedom?

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We have to ask the first question about “What is a religion and what is not?” We see the Court trying to determine what is or is not a legitimate religion, without getting into determining if a religion is true/false. Additionally, there are two separate clauses in the first amendment, which sometimes may come into conflict. The first is the Establishment clause and says, “Congress shall make no law respecting an establishment of religion.” This means the Court has to decide whether government laws can support or interact with religious groups. Secondly, there is the “free exercise clause,” which states, “Congress shall make no law… prohibiting the free exercise thereof (of Religion).” Of course, does this mean that the government can have no regulation of something if it is done in the “name of religion”? The

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