Which amendment prohibits Congress from establishing religion?

Study for the ORELA Oregon Civil Rights Teachers Exam. Learn key concepts and prepare with multiple-choice questions, hints, and explanations. Boost your knowledge and ensure success!

The First Amendment is the correct answer because it explicitly states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This clause, known as the Establishment Clause, is a foundational element in American constitutional law that prevents the government from favoring one religion over another or from establishing an official state religion. It ensures the separation of church and state, which is a critical principle in preserving religious freedom in the United States.

The other amendments listed do not address issues related to the establishment of religion. The Ninth and Tenth Amendments deal with rights not specifically enumerated in the Constitution and the powers reserved to the states, respectively. The Fifth Amendment focuses on legal rights related to due process, protection against self-incrimination, and double jeopardy. Therefore, they do not pertain to religious establishment and freedom in the way that the First Amendment does.

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