Is "Separation of Church and State" in the Constitution?

Question

Now this is a trick question. You may want to look it up first if your not sure.

Do you know where that term came from?

Does this separation really exist?

Answer 1

No, there is nothing in the Constitution about the Separation of Church and State. It first came up in a letter from Thomas Jefferson when he was President to church group leaders when they asked him to declare a holiday for their religious holidays. The only reference in the Constitution about religion at all is in the first Amendment where it says that the Goverment shall not chose one religion over another.

Answer 2

The term "seperation of Church and State" comes from a letter Thomas Jefferson penned to the Danbury Baptists.

It was later used in 1947, in the case Everson v. Board of Education,where the U.S. Supreme Court declared, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.”

"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State. " Thomas Jefferson Jan 1, 1802

Answer 3

It's implied in the first amendment and the supreme court has had many rulings on the subject

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

"when the government puts its imprimatur on a particular religion it conveys a message of exclusion to all those who do not adhere to the favored beliefs. A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some." Supreme Court Justice Harry A. Blackmun in the Lee v. Weisman ruling, 1992.

Answer 4

No. The first amendment only states that the Congress may not establish a state religion (like the Church of England).

The term "seperation of church and state" came from a letter from one of our first presidents. I'm pretty sure it was Jefferson, but may have been Adams. He was asked by a citizen about the relationship between the government and the church. His response letter explained the relationship and used the phrase "seperation of church and state".

Answer 5

It comes from the First Amendment. "Congress shall make no law respecting an establishment of religion" Its the Supreme Court that came up with Separation of Church and State. I don't recall the case.

Answer 6

"Congress shall make no law regarding the establishment of religion or the the free exercise thereof". The separation has definitely been blurred since Bush took office. If it was up to some evangelical Christians there would be no line. This would make us no better than the Taliban. We MUST have separation.

Answer 7

The First and Fourteen Amendments. Congress shall make no law regarding the establishment of religion or the the free exercise thereof. By the 14th no State can either.

Answer 8

Yes. But not in those words.

The literal phrasing isn't in the Constitution because the concept was so obvious to the Founders (and anyone else who has studied Constitutional law in depth) that it went without saying. But it's nothing new to Constitutional scholars. The phrase was first adopted by the Supreme Court in 1878, who gave credit for it to Jefferson as the originator of the quote. According to the Court, the phrase should be taken "almost as an authoritative declaration of the scope and effect of the [1st] amendment thus secured." Reynolds v. U.S., 98 U.S. 145 (1878).

It's been US doctrine for almost 130 years, and was referred to in 1943 as "our accepted belief" and "cardinal in the history of this nation and for the liberty of our people". West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).

So those who missed it must not have been paying attention.

Answer 9

It is written in the FIRST AMMENDMENT, when it says that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" Anyone with half-a-brain would realize that this means SEPARATION OF CHURCH AND STATE, and to interpret this as a "Freedom of religion, but not freedom from religion" is a simple cop-out.

Also, why is it that a liberal judge is an "activist judge", but a conservative judge isn't an "activist judge" when his ruling obviously sides with the conservative side?

Answer 10

i agree with jason. the out of control legislature has taken it upon themselves to legislate from the bench. we are guaranteed separation of church and state and freedom of religion, NOT freedom from religion.