Abstract

Abstract The religious outlook of the Congress can most readily be ob- served in a closer examination of two specific areas of activity briefly alluded to in the previous chapter: the role of legislative and military chaplains and the declaration of national days of fast and thanksgiving. These practices, which to some degree have become national traditions, originated under legislation passed by the Continental Congress. They are practices that accommodationists today point to as proof that the First Congress (which permitted the continuance of all but the fast day observances) could not have understood the Establishment Clause to prohibit the federal government from advancing religion. Nevertheless, they can be explained on contextual and pragmatic grounds, thus weakening the accommodationist assertion.

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