The First Amendment includes two related clauses -- one banning any laws that prohibits the Free Exercise of Religion and one banning the Establishment of Religion.
The First Amendment was drafted by James Madison who was a close associate of Thomas Jefferson. Several years after the adoption of the First Amendment, Thomas Jefferson described the First Amendment as creating "a wall of separation between church and state." This quote has worked its way into judicial opinions as an expression of the intent of the framers (as have many other writings of the founding fathers -- some used by liberal judges and some used by conservative judges).
Since I only know of one Supreme Court judge in the past century who was a literalist (Justice Hugo Black), your point is not well-taken.
2007-08-21 13:01:26
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answer #1
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answered by Tmess2 7
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The words separation of church and state do not appear in the constitution. The words in the constitution are no law respecting an establishment of religion, or prohibiting the free practice there of.
2007-08-21 16:25:30
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answer #2
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answered by old-bald-one 5
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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The concept of separation is commonly credited to the combination of the two clauses: the establishment clause, generally interpreted as preventing the government from establishing a national religion, providing tax dollars in support of religion, or otherwise favoring any single religion or religion generally, and the free exercise clause, ensuring that private religious practices not be restricted by the government. The effect of prohibiting direct connections between religious and governmental institutions while protecting private religious freedom and autonomy has been termed the "separation of church and state."
Of course this is in interpretation of the 1st amendment. It should be noted that all amendments have been interpreted in some manner or the other. Does the second amendment actually allow personal ownership of firearms? No - it is only implied and interpreted as such.
And to the other poster:
You are incorrect. It merely states that the government cannot stop the establishment of a well-armed militia. It does not say individuals can bear arms. It has been interpreted as that over the years. Please read the actual statue (and learn)
2007-08-21 12:56:37
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answer #3
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answered by Anonymous
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It is not.
The argument goes back to a letter President Jefferson wrote to a church. I did not do any research concerning what Presidents Washington and Adams did (specifically) in regards to similar requests but evidently one or both granted some or all.
President Jefferson felt by granting request to any church he was on the slippery slope of "establishment" and therefore did not want to be involved. He used the phrase "a wall of separation between church and state". In reading the letter you will have to consider the manner of speech at the time.
Use the link to read the letter and a preamble covering it's wording.
2007-08-21 13:10:33
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answer #4
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answered by Stand-up philosopher. It's good to be the King 7
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The phrase "Separation of church and state" does not appear anywhere in the Constitution.
That is lifted from the First Amendment which states that "Congress shall make no law respecting an establishment of religion..." which is commonly known as the Establishment Clause.
*And to answer the post below mine, the Second Amendment DOES confer a personal right to possess arms.
*** "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
The right of the "people" refers to an individual right. If you say it doesn't then the other references to "people" in the Bill of Rights should only refer to a collective right. So then there is no individual right to assemble or individual right to be free from unreasonable searches and seizures.
2007-08-21 12:55:20
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answer #5
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answered by Anonymous
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The first amendment, even though it doesn't say those words has clear defining wording that keep government from interfering in people's right to go to any church they choose and not to make one church above any other as a state sponsored church
2007-08-21 13:00:46
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answer #6
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answered by Greg 7
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What is this ; one of those silly rhetoric questions where the asker thinks he wins debate before it even begins.
Nowhere in the Constitution are these exact words used but all the historical data of the period ,proves beyond a shadow of a doubt that the 1st Amendment says this in effect and a series of rulings by the Supreme Court fully supports this concept as that intended.
http://en.wikipedia.org/wiki/Separation_of_church_and_state
http://en.wikipedia.org/wiki/Separation_of_church_and_state_in_the_United_States
2007-08-21 13:02:51
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answer #7
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answered by Anonymous
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In the First 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.
2007-08-21 12:59:08
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answer #8
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answered by Geoff Lilley 2
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Google: Ron Paul 2008. Last Hope For America.
2007-08-21 13:30:35
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answer #9
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answered by carlos d 1
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the first amendment says that congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
the exact words are not present.
the phrase comes from a letter that thomas jefferson wrote. here's a link: http://www.usconstitution.net/jeffwall.html .
2007-08-21 12:57:48
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answer #10
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answered by brian 4
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