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2006-11-13 03:30:07 · 23 answers · asked by elw 3 in Politics & Government Government

23 answers

You already know that the phrase does not appear, therefore the provocative "I'm waiting..." You already know that the Establishment Clause of the First Amendment states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..."

I'm also sure that you are already aware of the letter written by Thomas Jefferson to the Danbury Baptists. In that letter, quoting the First Amendment of the United States Constitution, he writes: "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 and State." You might also want to recall the Treaty of Tripoli, in which it is stated that "As the Government of the United States of America is not, in any sense, founded on the Christian religion;..."

Obviously, if the founders wished to create a government in which religion would hold sway, or have a formal say in civil law or liberties, they could have easily done so. They did not create a theocracy, but a democratic republic. All of the above has been primarily interpreted to support separation of church and state, and the Supreme Court has upheld this "notion" time and time again. It never fails to amaze me how some people persist in believing the founders intended this country to be based on religious (Christian) tenets. They weren't idiots - if they wished that to be the case they could have clearly laid it out as such. Their personal writings and letters reflect controversy of feeling over the matter, and quotes can be found to reflect both positions. The proof in the pudding is that they chose to erect that wall, and did not choose to install a government run by religious leaders, and made sure those would be leaders had no power to do so. Considering that the founders had widely differing religious leanings and knew the pitfalls of a government led by the "church," it probably wasn't a hard decision to reach. The difficulty most likely lay in the language to be used. There were religious leaders of that day who wished for nothing more than a theocracy to be created. The founders had to reach a consensus on how to word the Establishment Clause of the First Amendment to please everybody, and that included the theocratists. They did such a good job that we are still arguing over it today. We trust our Supreme Court to interpret the Constitution, and they have done so time and time again, in favor of the wall. It's an integral part of our government, this wall, and if it weren't the Pat Robertsons and Fred Phelps of our nation would be dictating our laws and civil rights. A scary thought, that.

2006-11-13 04:04:28 · answer #1 · answered by Anonymous · 0 0

The phrase "separation of church and state" does not appear in the Constitution, but rather is derived from a letter written by Thomas Jefferson to a group identifying themselves as the Danbury Baptists. In that letter, quoting the First Amendment of the United States Constitution, he writes: "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 and State." Letter to Danbury Baptists (1802)

So, as you can see, there is nothing in the Constitution specifically pointing to the "separation", but it is the manner in which our legal system has interpreted the Constitution.

2006-11-13 11:35:51 · answer #2 · answered by gatesfam@swbell.net 4 · 2 0

The Constitution does not use this phrase at all. It is the concept behind ...government shall pass no law in the establishment of religion... Or something like that.
The concept originated with the Baptists in North America with the establishment of Rhode Island as a separate colony with the "full and free conscious in the worship of God" i.e. freedom of religion. These were later embedded in the Constitution as state sponsored religion has always become corrupted by politicians (see George W. Bush here.)

2006-11-13 11:37:03 · answer #3 · answered by my_iq_135 5 · 1 0

The CLOSEST mention in the Constitution is the First Amendment :

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

The phrase "separation of church and state" is rather derived from a letter written by Thomas Jefferson to a group identifying themselves as the Danbury Baptists. In that letter, quoting the First Amendment, he writes: "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 and State." Letter to Danbury Baptists (1802)

Sadly, the ALCU has pushed their agenda and obtained legal decisions and rulings that seem to enforce a "separation of Church and State".

Amusingly (or sadly)... you actually have individuals who THINK that it IS a right laid down in the Constitution.

Our Founding Fathers didn't want to keep God OUT of Government... they merely didn't want a STATE Religion !!

2006-11-13 11:56:50 · answer #4 · answered by mariner31 7 · 0 1

Some one messed with my computer..but I found the answer:

From website:The only reference to religion in the Constitution is the Article VI prohibition of a religious test as "a Qualification to any office or public trust under the United States," which is not applicable to the individual States, and the First Amendment directive that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

http://www.prisonplanet.com/analysis_goslin_090903_harmless.html

Why don't most people use sources from the internet? That is why they have the Know your source ? box.


Thanks to who ever mess with my computer...It is so sad that some one would stoop so low as to mess with some ones computer to try and make them look stupied. I still stand by my first answer which is below.

It is principle! like dictum i think..AND much more...we are a democracy. nuf said Religion is a personal right and taxes are a personal responsibility. no one should get a tax break cus of their religion.

AHHH. you guys are scaring me! do you know what you are saying? Do you really want someone else to even open that can of worms on you? To tell us what religion we should practice.. please..religion is all reletive it is taxes that should be the same for every one

2006-11-13 14:01:01 · answer #5 · answered by Chocoholic 2 · 1 0

Separation of the Church and State is not in the Constitution but was taken from its articles and applied as a principle in cases and debates. It means that the Church must not directly intervene in the affairs of the State vice versa.

2006-11-16 03:01:18 · answer #6 · answered by FRAGINAL, JTM 7 · 0 0

You're a funny guy... ok... The term "Seperation of Church and State" was dervived from a letter by Thomas Jefferson.. however the first admendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" take that as you will... if you look back on history you would know that the Pilgrims came here because of their differences with the Church of England led to seperate themselves from it :)

2006-11-13 11:41:02 · answer #7 · answered by katjha2005 5 · 1 0

The specific phrase isn't in there. The First Ammendent implies that separation as indicated in the writings of Thomas Jefferson, James Madison, George Washington and others and is also supported by numerous Supreme Court decisions.

2006-11-13 11:34:09 · answer #8 · answered by Anonymous · 2 0

It's not in the Constitution or in the Bill of Rights. It was a phrase used by a liberal Supreme Court judge in a legal rulling to justify another activist decision. That decision made the phrase famous.

2006-11-13 12:07:18 · answer #9 · answered by Zee HatMan 3 · 0 0

Nowhere. But, in principle, the Founding Fathers -- George Washington in particular -- did not mean that for the US to have a faithless government as evidenced in his Farewell Address:

>> ``Of all the dispositions and habits which lead to political prosperity, Religion and morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labour to subvert these great Pillars of human happiness, these firmest props of the duties of Men & citizens.... Whatever may be conceded to the influence of refined education on minds of peculiar structure--reason & experience both forbid us to expect that National morality can prevail in exclusion of religious principle.'' <<

2006-11-13 12:18:02 · answer #10 · answered by S D Modiano 5 · 0 0

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