The term, "separation of church and state" is not found in the constitution at all but was instead written in a letter by Thomas Jefferson to a group calling themselves the Danbury Baptists. How then can schools get sued on the grounds that they violate this when it is not in the constitution?
Sources: http://en.wikipedia.org/wiki/Separation_of_Church_and_State#Overview_of_the_principle
2006-12-03 06:32:25 · 7 answers · asked by Simon 3 in Politics & Government ➔ Law & Ethics
Wow, great question.
Maybe the game of telephone applies to American histroy and even legal practice in these her United States.
Maybe the game of telephone really does change what we think we know, and how we perceive our laws.
Religious doctrine changes the same way, based on a combination of edicts issued by governing bodies, as well as lay interpretation, and the judgments of the professionals who relay the edicts to the people.
So, deep down, you can't separate them because they work the same way! :)
2006-12-03 06:46:39 · answer #1 · answered by starryeyed 6 · 0⤊ 0⤋
The rulings of the Supreme Court in this area are based on the first Amendment. This specifies that the government cannot mandate a state religion. By extrapolation, the argument is that therefore, to allow a federally funded body to have a single religion embodied in its service would violate that amendment, since it would appear that the state is endorsing that religion above others.
To avoid this pitfall, morning prayer would need to be conducted in such a way as to include every concievable religion -clearly impossible. For that reaon, the federal government avoids the issue entirely by adopting a clear separation of government from any religion.
2006-12-03 14:42:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
OK let's examine the issue:
The constitution DOES say that "The government Shall make no law .... establishing religion", this limitation was applied to the states by 14th amendment.
This constructively creates the separation: Because any law promoting religion -- including prayer in public school -- would be basically be an Establishment of state religion.
2006-12-03 16:32:13 · answer #3 · answered by hq3 6 · 0⤊ 0⤋
This question has come and gone many times.. everyone knows it's not in the Constitution however when Thomas Jefferson wrote that he was talking about the first amendment... given who Thomas Jefferson is.. the term stuck as what the first amendment means, and the term is still alive today
2006-12-03 14:43:42 · answer #4 · answered by katjha2005 5 · 0⤊ 1⤋
Amendment I
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.
^^^^
2006-12-03 14:42:57 · answer #5 · answered by cowrepo 4 · 0⤊ 0⤋
I know its not there.
The problem is that the judiciary abuses its powers of review.
Something else that is not in the Constitution is judicial review.
No where in the Constitution is the judiciary given the power to void unconstitutional (its the view of the court anyway) acts of congress or the various states.
2006-12-03 14:36:06 · answer #6 · answered by John16 5 · 0⤊ 1⤋
What about going to court and swearing on the bible. Explain that? Isn't that combining church and state but it's not ok in the schools? Go figure.
2006-12-03 14:40:03 · answer #7 · answered by Scorpio 4 · 1⤊ 0⤋