Amendment 1 of the United States Constitution

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

 

Amendment 14 of the United States Constitution

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws.

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Although the First Amendment states that the rights of the citizens of the United States may not be abridged by laws made by Congress, the United States Supreme Court has interpreted it as applying more broadly. Despite the the first sentence of the Constitution reserving all legislative power and authority to Congress the courts have held that the rights mentioned in the First Amendment are protected from infringement by all federal government, including the executive and judicial branches.

And just as recently as the 20th century the Supreme Court has ruled that the Fourteenth Amendment protects the citizens from infringement or laws abridging the First Amendment rights, by state and local governments.

 

Establishment Clause of the First Amendment

The Establishment Clause prohibits the establishment of a national religion by Congress or the preference of one religion to another, or religion to non-religion. By the late 20th century the Supreme Court began to interpret the Establishment Clause to include state and local governments.

Board of Education Kiyas Joel Village School District v. Grumet, 512 U.S. 687 (1994)

 

Free Exercise Clause of the First Amendment

In 1963 the Supreme Court ruled for a strict scrutiny standard of review to this clause, holding that a state must show compelling interest as to restricting ones religious rights. In 1990 the Supreme Court retreated from this standard, permitting government actions that were neutral regarding religion. Congress tried to restore this standard by passing the Religious Freedom Restoration Act, however the Supreme Court ruled that such an attempt was unconstitutional regarding state and local governments.

Sherbert v. Verner, 374 U.S. 398 (1963)

Employment Division v. Smith, 494 U.S. 872 (1990)

City of Boerne v. Flores, 521 U.S. 507 (1997)