Good luck finding it. The ACLU always uses this "Separation of Church and State" to take down the Ten Commandments and stuff, and I see no grounds for it in the Constitution...
2006-07-08 12:14:26 · 11 answers · asked by plvenice 1 in Politics & Government ➔ Law & Ethics
It's in the 1st Amendment, known as the Establishment Clause.
2006-07-08 12:19:51 · answer #1 · answered by achatter77 2 · 0⤊ 0⤋
That's because those words are only found in Supreme Court decisions dating back to the 1820s, and also in some documents written before that during the 1770s and 1780s.
The concept of separation in the phrase refers to being distinct, different, not the same. As opposed to meaning isolated. The idea that the church and state (government) cannot be the same thing is embodied directly from the Establishment and Free Exercise clauses.
According to the Establishment clause, government cannot approve or sponsor any one religion as being better than any other. If the government enacts laws based solely on specific religious codes, it is in effect affirmatively saying that religion is correct and any religion that contradicts it is wrong. Thus, the government cannot endorse any religion by promoting its views. Thus, the Church (as in any organized religion) is not able to tell the government what to do.
Neither is the government allowed to tell the Church what to do, because the Free Exercise clause prevents government meddling in purely religious expression.
Since the government cannot tell the church what to do, and the church cannot tell the government what to do, they are separate, as in distinct or different. That doesn't mean they can't talk to each other. It just means one cannot control the other.
2006-07-08 19:33:49 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Technically, it does not exist. The framers of the Constitution wanted to make sure that the State couldn't adopt a religion which is why the Constitution says "Congress shall make no law respecting an establishment of religion." This is also the Establishment Clause--not the idea of Seperation of Church and State. If you read about the Salem Witch Trials you will see exactly why they did not want this to happen.
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2006-07-08 19:25:36 · answer #3 · answered by Salem 5 · 0⤊ 0⤋
Under the first amendment
"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."
This prohibits the state from religious activity. I think the intent was prohibition from official activity in multinational organizations (which was only the religious organizations back when the amendment was penned). I can think of so many other organizations that congress monkeys with that they shouldn't. Any kind of political influence from multinational corporations should be completely forbidden.
2006-07-08 19:34:47 · answer #4 · answered by Arman 2 · 0⤊ 0⤋
There ya go...
The clause of the First Amendment that adopted the founders' principles of separation of church and state and freedom of religion is known as the Establishment Clause. It states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."
2006-07-08 19:19:39 · answer #5 · answered by Boredstiff 5 · 0⤊ 0⤋
You would be correct, whoever asked the question!
The First Amendment states that "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."
ALL THAT MEANS IS THE GOVERNMENT CANNOT SAY THAT "X" RELIGION IS THE OFFICIAL RELIGION OF THIS NATION....IT DOES NOT MEAN THAT YOU CANNOT HAVE RELIGION IN A STATE ENVIRONMENT....
2006-07-08 19:43:46 · answer #6 · answered by whymeallthetime 2 · 0⤊ 0⤋
1st amendment. But you have to read some supreme court cases too. Check out Elk Grove Unified School District v. Michael A. Newdow. It gets into most of the cases you need to read to get the complete picture of the establishment clause. It goes into most of the earlier cases that have led to our most recent decisions.
2006-07-08 22:53:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Its in the First Amendment under "The Establishment Clause".
2006-07-08 19:23:42 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It is in the Bill of Rights and upon the First Amendment!
" Congress shall make no law respecting the establishment of Religion. "
2006-07-08 20:00:22 · answer #9 · answered by namazanyc 4 · 0⤊ 0⤋
There is none.
2006-07-14 11:38:29 · answer #10 · answered by Anonymous · 0⤊ 0⤋