The phrase itself is not in the Constitution. But it is an accepted precept of the First Amendment.
Added:
Juntro's answer is interesting. But, I think (I am not a lawyer) that the Supreme Court has decided via the Due Process clause of the 14th Amendment that the Establishment clause of the 1st Amendment also applies to states.
2007-04-12 08:24:24
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answer #1
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answered by Anonymous
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The actual words "separation of church and state" do not appear in the Constitution, but you can find the concept there, in the First Amendment. The words "Congress shall make no law respecting an establishment of religion......." are in the Constitution. Many people, however, don't seem to realize that clause can be read more than one way. Another interpretation is that government shall remain entirely SILENT on the subject of religion, saying nothing unless the civil order is threatened.
2007-04-12 08:35:17
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answer #2
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answered by allenbmeangene 6
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"Separation of church and state" does not appear in the US Constitution like that.
It goes "Congress shall make no law respecting an establishment of religion".
The Bill of Rights holds that little gem. The interpretation to that is the government cannot create laws that respect a religion. It has also been ruled that the state and local governments do not have that right either. Religion is not supposed to be part of US government. To do so will infringe upon the rights of citizens. Government needs to be religious neutral. It cannot favor any one religion over the others. Religion also cannot dictate what laws the government can pass or dictate the actions of the government. The government cannot meddle in religion affairs and religion cannot meddle in governmnet.
2007-04-12 08:33:32
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answer #3
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answered by A.Mercer 7
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The First Amendment is the Establishment Clause. While the words you placed in quotes is not in the Constitution it is abundantly clear that the founding fathers had an opinion as to the role of the Federal Government and religion.
However, most of the original thirteen states did have clear references to Christianity and some actually established official religions. In order to serve in most state legislatures you essentially had to affirm that you are a Christian. A fact that many of on the Left are completely oblivious to. The United States was and is most definitely a nation which is heavily rooted in Christianity. It is a fact.
You should reconsider your approach. The argument you are attempting to make does not hold much water.
2007-04-12 08:31:25
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answer #4
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answered by C B 6
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The CONSTITUTION does not say anything about church and state, the 1st amendment does, and all it says is that "Congress shall make no law" respecting a church or prohibiting free exercise of religion. This has been interpreted as separation of church and government, i.e., state, by the Supreme Court, where certain laws have been judged unconstitutional. In other words, the law was in violation of the 1st amendment.
2007-04-12 08:36:43
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answer #5
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answered by rowlfe 7
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The concept of separation of church and state has developed as judges and scholars and even founders of the country struggled to determine the scope of the First Amendment’s prohibition. It gets tricky when considering, for instance, tax implications and funding for religious activity.
“Respecting an establishment of religion” is pretty broad language. If the drafters only wanted to prohibit a state religion, they could have just said so.
2007-04-12 09:03:36
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answer #6
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answered by tribeca_belle 7
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The term, as stated in many replies, came in a letter Jefferson wrote to assure several Baptist congregations that the US was NOT intending on establishing a national church/denomination/religion. However, liberals have taken the court's earlier quotation of this letter as meaning that any and all associations between government endorsed organizations (schools, government property, etc) should be severed. However clearly the liberals think this is, it is also VERY clear that our founding fathers had no intention of severing itself and our country from its Christian roots. There is a significant difference between the government establishing a state-sponsored religion and severing all ties to our religious roots. And frankly, many of the events I've read about over the past few years leads me to believe that those attempting to eliminate religious influence are targeting Christianity almost exclusively.
2007-04-12 08:46:43
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answer #7
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answered by Anonymous
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Nowhere. They are spelled "separation" and "church" and "Constitution". Basic typing skills people! I mean, there is a Check Spelling feature right there.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
The First Amendment only applies to the United States Congress, not to the State governments. Congress does not have the right to prohibit prayer in schools and neither does the Supreme Court.
2007-04-12 08:26:39
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answer #8
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answered by Anonymous
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Separation of church and state is a political and legal doctrine which states that government and religious institutions are to be kept separate and independent of one another. Primarily discussed in the context of United States law and politics, the term most often refers to the combination of two principles: secularity of government and freedom of religious exercise.
The prevalence of the term "separation of church and state" is generally said to derive from a letter written by Thomas Jefferson in 1802 to the Danbury Baptists, in which he referred to the First Amendment of the United States Constitution as creating a "wall of separation" between church and state. The phrase was then quoted and endorsed by the United States Supreme Court first in 1878, and then in a series of cases starting in 1947. This led to popular and political discussion of the concept, as well as criticism that the phrase overstates the limits created under the Constitution.
Although primarily discussed in the context of the United States (and more specifically United States constitutional interpretation), the concept parallels various other international social and political ideas, including secularism, disestablishment, religious liberty and laicite.
2007-04-12 08:29:32
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answer #9
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answered by Geminess 2
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It expresses the INTENT of the "establishment clause" in the first Amendment. I believe it's been used in Supreme Court rulings, giving it some legal status.
It also makes for a handy way to refer to that aspect of preserving the blessings of liberty, as they said in the list of puposes.
BTW, what was your hurry? YA isn't going away in the next few seconds.
There's a spell-checking function right there in the Ask page.
2007-04-12 11:58:53
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answer #10
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answered by tehabwa 7
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