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and then please tell me how it is defined...

2007-03-26 08:21:03 · 17 answers · asked by ? 4 in Politics & Government Other - Politics & Government

17 answers

1st Amendment: 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.

So, the forefathers knew that a state sponsered religion was no good, so they said no law will be passed favoring one religion over another.

And incidently, all laws that keep prayer out of school, ten commandments out of public buildings, teaching creationism as an option in public schools, etc. violates the first amendment. "... or prohibiting the free exercise thereof..."

2007-03-26 08:28:53 · answer #1 · answered by Philip McCrevice 7 · 8 3

The phrase "Separation of Church and State" has been bandied about for so long that many Americans believe that it is actually in the Constitution. In fact, those three words appear NOWHERE in the Constitution.

In 1947, with the United States Supreme Court's decision in Everson v. Board of Education, Justice Hugo Black construed the First Amendment in a more restrictive fashion, giving an absolute definition of the First Amendment Establishment Clause which went well BEYOND the original intent of the framers of the United States Constitution and paved the way for future cases that would further restrict religious expression in American public life. This ruling declares that any aid or benefit to religion from governmental actions is unconstitutional.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" had always meant that Congress was prohibited from establishing a national religious denomination, that Congress could not require that all Americans become Catholics, Anglicans, or members of any other denomination.

When the First Amendment was passed it only had two purposes.

1. There would be no established, national church. It was never intended for our governing bodies to be "separated" from Christianity and its principles. The "wall" was understood as one directional; its purpose was to protect the church from the state. The world was not to corrupt the church, yet the church was free to teach the people Biblical values. It keeps the government from running the church but makes sure that Christian principles will always stay in government.

2. It states expressly that government should not impede or interfere with the free practice of religion. The purpose of the separation of church and state in American society is not to exclude the voice of religion from public debate, but to provide a context of religious freedom where the insights of each religious tradition can be set forth and tested.

The framers were trying to guarantee freedom OF religion, not freedom FROM religion.

2007-03-26 13:59:55 · answer #2 · answered by Cherie 6 · 0 1

It doesn't. Some may interpret the first Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof:" as seperation of church and state , but in honesty the first Amendment only prevents the government from mandating a nation wide religion... another words our Government doesn't have the right to say all citizens have to practice " whichever" religion.. Like what Kim Jong-il does in North Korea.... This was actually adopted from an interpretation made from a letter adderssing the Danbury Baptist Association of Connecticut .In October 1801, they wrote to President Jefferson, and in their letter they voiced some concerns about Religious Freedom. On January 1, 1802 Jefferson wrote a letter to them in which he added the phrase "Separation of Church and State."
"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, prohibiting the free exercise thereof,' thus building a wall of separation between church and State." The First Amendment puts Restrictions only on the Government, not the People...

2007-03-26 08:41:36 · answer #3 · answered by bereal1 6 · 1 0

Some good answers here.

Here is something else to contemplate. If there was a mingling of church and state, which church and what religion would it be. Whose god would be the "big shot"; the Christian god? Jewish? Hindu? Shintu? Islam? If Christian, which sect? Catholic? Baptist? Mormon? Episcopalian? Would it be one or more of the Native Indian religions?

See where this would lead? And, what about those among us who might be agnostic or atheists?

Also, if you look at any country where there is a government-established religion or which is a theocracy, you see persecution of minorities, exploitation of the poor, no middle class, women are second class citizens, no or low educational opportunities for men and none for women.

The best way is to keep religion where it belongs; in the hearts and minds of those who believe and in the churches, temples or Mosques.

2007-03-26 09:08:30 · answer #4 · answered by Anonymous · 0 1

[edit] History of the term
The phrase "separation of church and state" 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."[2]

Another early user of the term was James Madison, the principal drafter of the United States Bill of Rights, who often wrote of "total separation of the church from the state" (1819 letter to Robert Walsh). "Strongly guarded . . . is the separation between religion and government in the Constitution of the United States," Madison wrote, and he declared, "practical distinction between Religion and Civil Government is essential to the purity of both, and as guaranteed by the Constitution of the United States" (1811 letter to Baptist Churches). This attitude is further reflected in the Virginia Statute for Religious Freedom, which was originally authored by Thomas Jefferson, but championed by Madison. The Declaration guarantees that no one may be compelled to finance any religion or denomination.

2007-03-26 08:29:28 · answer #5 · answered by ? 2 · 3 1

The term does not appear in the Constitution. It is from a letter written by Thomas Jefferson to a group called the Danbury Baptists dated Jan 1, 1802

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

2007-03-26 08:29:30 · answer #6 · answered by Bryan 7 · 4 0

It is not in our constitution, but freedom of religion is. Congress cannot pass any law infringing upon a person's religion nor can they enforce laws based on religious practices.

The idea of 'separation of church and state' is something Thomas Jefferson came up with as a means of upholding the First Amendment.

2007-03-26 08:29:16 · answer #7 · answered by Anonymous · 5 1

Theocracies are a detrimental factor with the aid of flair for faith to grow to be perverted by way of folk corrupted with skill. faith is an argument between a individual and their God. The Anglican Church has persecuted many Christians, in certainty i might say the Anglican Church has performed greater harm to Protestantism than help for it. The state magistrates have no duty asserting which faith, or religious theory, is appropriate or incorrect. the government ought to constantly be independent in concerns of religious experience of right and incorrect. besides, this does not end you from vote casting in accordance on your religious innovations, it in basic terms keeps the government from requiring which you vote in accordance to particular ethical innovations.

2016-10-19 23:41:00 · answer #8 · answered by fanelle 4 · 0 0

This is what the Declaration of Independence actually says....
"... no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities. "

Note that it does not say that prayer should not be allowed in schools, etc..... It simply states that no one should be forced to believe anything and that they will not be harmed because of their beliefs.

Oh, and Amen to Philip McCrevice. He's right on the money.

2007-03-26 08:32:07 · answer #9 · answered by marys2boys 3 · 4 1

The 1st words of the 1st Amendment to the Constitution of the United States of America:

"Congress shall make no law respecting an establishment of religion"

It must be pretty darn important if it's the very first thing in the Bill of Rights.

2007-03-26 08:26:08 · answer #10 · answered by Lisa A 7 · 4 5

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