Is "separation of church and state" in the Constitution?

Question

Now here's the real question: before you read this, did you think it was in the Constitution? It seems to be popular belief that this phrase is in there, when it really isn't! Why is this?

Answer 1

The Constitution is clear it read - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

No where does it deny the right of our Government to select Christianity as its religious freedom. No Where does it deny the right of Christians or stores or companies or commercials or any public or private entity to freely state Merry Christmas and celebrate the birth of Christ.

The wording is clear and concise only the ACLU and other non believers try to spin the words to mean something else

Answer 2

You are correct that the phrase is not in the Constitution or any of the early American document. It is found in the letter by Thomas Jefferson:

""...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."[2]
"
Jefferson, 1802.

http://www.loc.gov/loc/lcib/9806/danpre.html

Jefferson was the 3rd president, one of the founding fathers, and principal author of the Declaration of Independence ( http://en.wikipedia.org/wiki/Thomas_Jefferson )

So the actual phrase is "Wall of Separation between...", not just "separation of" but people changed it over the years and made it sound weaker. And as you can see, Jefferson quoted the First Amendment ("make no law respecting an establishment of religion ...") when he used that phrase.

Back in the old days, the founding fathers were actually concerned about religious fanatics (or "fundamentalists") taking over the government, similar to England. If you click on the link to Jefferson's letter, you will see that it was sent to the Danbury Baptist Association. The association was also concerned about these fantatics, baptists being a religious minority in those days.

You can see how concerned they were. Jefferson described the separation as a "wall". You can have two people separated by distance like two feet. Those two people can still talk to each other, meddle with each other's business. But if you separate two people with a wall, then their ability to meddle with each other's business is quite limited. That was the intent.

Today, baptists have grown greatly in numbers and a small group within them wants to exercise control and break down this "wall". We have these religious fanatics who spend their days twisting the constitution and misrepresentating what the founding fathers wanted. Some hide their intent by pretending that somehow they are being persecuted, that they are no longer free to celebrate Easter or Christmas in the manner they see fit. A few among them even go further and say that only Christian politicians and judges be allowed to take office, the 10 Commandments must be displayed in the courtroom.

The founding fathers showed great wisdom. The best the fanatics can do is go on the airwaves and talk non-sense. Their options are limited.

Answer 3

No, not literally. But then an accused person's right to presumption of innocence and the burden of proof that prosecutors must establish in a criminal trial are also not mentioned in the Constitution.

Good judges are dedicated to interpreting the Constitution not just according to whatever is literally in there and no more than that, but are dedicated to discerning the intent. And James Madison and Thomas Jefferson both believed in the concept of "a wall of separation between church and state." I don't mind that expression, I just interpret that phrase more narrowly than does the Supreme Court.

Answer 4

The Wall of separation of church and state was written by Jefferson. The original intenet of the Constitution was to kep the Federal government from forming a state church like England (The Anglican Church). The States actually had their own statebacked-churches at the time when they ratified it. The funny thing is we actually tried to subdue the Indians by turning them into Christians. It was a government law at one time underneath Jefferson. If the morals of the church do not affect the morals of the government and those who vote them into power. Then we will have no foundation as a country

Answer 5

1st amendment to the Constitution:

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.

The phrase "separation of church and state" isn't in there, but very, very clearly, the intent is.

Answer 6

The idea has been around for so along, it just got meshed with the Constitution in people's minds. It's actually a concept of Thomas Jefferson's from 1802: http://www.usconstitution.net/jeffwall.html

Answer 7

Congress shall make no law respecting an establishment of religion.

That is all there is. Are public places and schools now considered Congress? Can Congress make a law disrespecting an establishment of religion?

Church and State is what atheist love to spin so they can ban God everywhere.

Answer 8

The words are not there, but the intention clearly is.

Answer 9

nope. it was a loose interpretation from a letter penned by (Jefferson) (I believe).

Answer 10

No but it should be.