YES, it exists. The phrase "right to a fair trial" doesn't exist in the Constitution, and yet that right exists. How? The 6th Amendment sets up the conditions for fair trials: public, speedy, impartial juries, information about the crimes and laws, etc. The Constitution does not specifically say that you have a right to a fair trial, but the rights created only make sense on the premise that a right to a fair trial exists.
Similarly, courts have found that the principle of a "religious liberty" exists behind in the First Amendment, even if those words are not actually there:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The point of such an amendment is twofold. First, it ensures that religious beliefs - private or organized - are removed from attempted government control. This is the reason why the government cannot tell either you or your church what to believe or to teach. Second, it ensures that the government does not get involved with enforcing, mandating, or promoting particular religious doctrines. This is what happens when the government "establishes" a church - and because doing so created so many problems in Europe, the authors of the Constitution wanted to try and prevent the same from happening here.
Can anyone deny that the First Amendment guarantees the principle of religious liberty, even though those words do not appear there? Similarly, the First Amendment guarantees the principle of the separation of church and state - by implication, because separating church and state is what allows religious liberty to exist.
So...... It exists, but America isn't going far enough to ENFORCE it. There is still "God" on our money and religious monuments displayed on government property... there's still Creationism in schools and laws based solely on religious doctrine, dogma and so-called "morality".
2006-12-18 16:10:10
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answer #1
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answered by Anonymous
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This nation was founded with the premise to have the church and state separated. Creationists have tried ever since to inch the church more and more into government policies. Example: 1954 the preamble to the constitution was amended to include the phrase "under god" in order to further distinguish this nation from the Soviet State during the cold war. These things cannot be allowed to creep in to the founding fathers original ideas. Therefore, not enough is being done to kept the separation in tact.
This nation was founded as a Republic not a Theocracy.
2006-12-18 16:18:54
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answer #2
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answered by Troubled Troll 4
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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
There is no separation of Church and State in the United States excepting that _Congress_ is not allowed to make any laws that either establish an official religion or prohibit the free exercise of any religion.
Anybody else, including the President, the Supreme Court, any other court in the United States, any teacher, anybody employed by any local, state, or federal government.... all of them can mix church/religion and state/job as much as they want. Only Congress is prohibited from doing so.
2006-12-18 16:14:53
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answer #3
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answered by Robbie 2
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I thought we were doing very good until, Bush, took office. I think the Pres. has given Christianity a bad name. Instead of doing his job [here] where he is the Pres. he appears to be trying to do it everywhere else................ Let's make America a better place, before we try to change anyone else to a so called democracy. Using ones faith constantly is not the way to represent a country, when we preach diversity.
2006-12-18 16:27:22
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answer #4
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answered by amom 3
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Not nearly far enough. We have god in the pledge and god on our money, the ten commandments on govt buildings and nativity scenes on govt lawns. God, the ten commandments and nativities aren't offensive in and of themselves and in their proper places. Now we have the "Faith Base Initiative" that grants tax dollars to churches! We are quickly losing the already too thin separation.
2006-12-18 16:17:47
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answer #5
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answered by Medusa 5
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There is no such phrase in the Constitution. The Constitution has an "establishment clause" that states "Congress shall make no law" concerning the setting up of a state religion.
Big difference there.
2006-12-18 16:09:43
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answer #6
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answered by Anonymous
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Maybe on paper, but not in practice; U.S. currency advertises monotheism, the president declares national prayer days and consults with his god, and I believe all state constitutions refer to a supernatural entity.
2006-12-18 16:13:24
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answer #7
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answered by eldad9 6
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Congress shall pass no legislation respecting an religious establishment. Not far enough.
2006-12-18 16:12:56
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answer #8
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answered by truckercub1275 3
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Yes
2006-12-18 16:08:59
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answer #9
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answered by Anonymous
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I guess they're ATTEMPTING to create a separation. But Christian ideas are so dominant that it's really hard to just ignore the bible and God for once and be unbiased. Can't blame them...although I don't believe that "God" is everywhere, I believe that the ideas behind God are everywhere. Can't run away from them, unless you're stoned.
2006-12-18 16:11:12
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answer #10
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answered by fliptastic 4
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