Separation of Church and State? Where is it actually listed in the Constitution?

Question

What do you think Thomas Jefferson really meant by his words?

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.

Hmm Not here. Doesn't this simply mean we have the right to live our faith as we feel best? So how can the government sanction a church for withholding sacraments to those if feels are in mortal sin?

Answer 1

Classic argument. If they had listed every "Do" and "Don't" the Bill of Rights would be Encyclopedic, and we would have no need for the Supreme Court.

Answer 2

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.

Right there,very first sentence,very first amendment.Mandating prayer in schools,discussing the Christian Creation story without including ALL creation stories,displaying the 10 commandments on government property. All,very CLEAR violations of this Constitutional right

Answer 3

It does mean that we have the right to live our faith as we see best. But it also means that, well, congress shall make no law respecting an establishment of religion, or prohibiting the free exercize thereof. It does seem rather clear cut, I agree, but if we legislate based upon religion, then we are, in effect, establishing religion by way of law. I certainly agree that some of us liberals have gotten out of hand in banning school prayer and public religious displays simply because we are prohibiting the exercize of religion. However, I think separation of church and state is vital to stave off theocracy.

Edit: No: the government has no right to tell any church who they may or may not accept. The church can bar any politician it wants. I don't like that churches have some politicians under their thumbs, but that's not my business: it's between said politicians and their Gods.

Answer 4

Article 6 of the U. S. shape says: "The Senators and Representatives in the previous reported, and the contributors of different State Legislatures, and all government and judicial officers, the two between the U. S. and of different States, would be certain via Oath or confirmation, to help this shape; yet no non secular try shall ever be required as a qualification to any workplace or public have confidence under the U. S.." so which you have self belief there is not any separation of Church and State? Thomas Jefferson argued the between Article Six and the anti-enterprise clause of the 1st exchange that this needless to say confirmed there became into meant to be a wall between government and faith. The ultimate court docket has concurred many cases with Jefferson Writing interior the final public opinion of Everton v. Board of education in 1947, Justice Hugo Black argued: "interior the words of Thomas Jefferson, the clause against enterprise of religion via regulation became into meant to erect a wall of separation between church and state." With its appellate jurisdiction under Article III, section 2 of the form of the U. S., it incredibly is the final court docket's accountability to interpret the form and regulations. persistently it has argued this. in reality, eliminating the separation could inherently be establishing the religion for which you bumped off the separation. the only thank you to dodge this could be to make confident any non secular assertion became into attune with each faith interior the U. S.. So who do you think of is incorrect? Jefferson or the final court docket or Article 3 of the form or Article 6 of the form or the 1st exchange or you? you're a prosecutor and you do no longer the two comprehend constitutional regulation or be attentive to constitutional precedent. LOL. Did you sleep interior the direction of the entire semester of Con regulation? Wasn't it on the bar examination? you're triumphing share could desire to be terrible!

Answer 5

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof

The 14th ammendment makes this apply to all levels of government.
While the phrase "seperation of church and state" is not in this ammendment, the idea is. That phrase was used by both Thoman Jefferson and Alexander Hamilton when they proposed the ammendment. It basically means that no government institution can endorse any religion, or stop someone from practicing their own religion. This is why teachers in school are not allowed to lead prayers or hand out bibles, but they are also not allowed to stop a student from praying or reading a bible unless the student is interupting the class by doing so. It is also why churches, synagogues, mosques, zendos, ect. are exempt from taxes,,,

Answer 6

From history I think the original intent was a protection for the church, The framers of the constitution has just broken away from a state run Church. He, being more deist than anything, still showed a great respect for the church; and tried to keep the government out of the church. Over the years, as moral have changed, the church stands in the way of many who believe morality is up to the individual and not to be part of the church. The fight now is to loosen the definition of morality and defame the church. things change in meaning over time.

Answer 7

Thomas Jefferson in a letter to a Baptist church used those exact words to describe what was meant by the wording in the Constitution. I have never seen any reason to think that he was lying or wrong.

The church was very reassured by his words, as church's should be now. There is nothing good to come out of government interference in religion. Prayer in schools might sound all cool until you realize that there are so many sects and the odds of you liking the prayer a school picks is pretty slim.

My dad was a teacher who is old enough to remember and he always laughs about it because all that happened at his school was HUGE fights between the Catholics and the Methodists since the town was just about 50/50. It is one of the few religious topics me an him agree on.

Answer 8

The American Constitution was a compromised document, therefore the federal government was not to set up a national church, but would leave such matters to the State. IMO they made a big mistake. There should be an established religion, which best represents the true religion of scripture. What is required now is an amendment to the Constitution, to correct this mistake.

For Christ's Crown and Covenant!

Answer 9

You're right - the separation of church and state is the big American myth.

But, the lingering feeling of the Salem witch trials is what inspired "Congress shall make no law concerning an establishment of religion."

I believe that it is intended to mean that Congress is not relevant in religious matters and vice versa.

Personally, I strongly believe in a separation of church and state, but with full religious freedom. So not like France or Turkey - not a secular state - but like how America was intended.

Answer 10

If the U.S, government steps into this argument over abortion, politicians, and the sacrament of communion, it would be wrong. The church can and always has had the right to allow or disallow communion to those it considers in sin. The government should have nothing to do with this current issue. It is for each individual politician to decide whether to change his or her voting pattern to reflect their personal religious beliefs. The government should not be able to force a church to give communion to anyone.

Answer 11

The term "separation of church and state" is does not appear verbatim in the constitution. The concept is implicit in the establishment and free exercise clauses of the first amendment.

Jefferson spelled out exactly what he really meant in a letter he wrote to the Danbury (Connecticut) Baptist Association in 1802. This document is the origin of the term "separation of church and state". At the risk of being verbose, I will reprint it in full; it's relatively short.

To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, 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. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th Jefferson
Jan. 1. 1802.

In response to your edit, obviously no government power has the right to sanction a religious organization for exercising their religious beliefs, so long as they do not break the law in the process. I think I'm familiar with the situation that you're speaking of, but I have not heard of any actual sanctions proposed or imposed. Do you have a link?