why do people think Seperation of Chruch and state isn't law?

Question

Just because it's not in the constituion word for word doesn't mean it's not law folks.
Engle v Vitale - 1962 - Seperation of Church and State

In the late 1950's the New York State Board of Regents wrote and adopted a prayer which was supposed to be nondenominational. The board recommended that the prayer be said by students in public schools on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt to "establish or endorse" a religion and thus that it did not violate the establishment clause.

The court ruled against the school district and upheld the establishment clause of the first amendment. Prayer in schools was to be considered unconstitutional.

And if you are still screaming about our founding fathers wanting a Christian Nation we have this little peice of paper as well. It's called the US Treaty with Tripoli in 1796
Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.

you are correct in that you can still pray. But this was the case that defined seperation of Chruch and State.

You all are once again missing the point. The Supreme Court interprets the Constitution. IT MAKES SUPREME LAW. It doesn't matter if it doesn't say it word for word. Once the Court rules, IT IS LAW

Answer 1

Because many of them are literalists, both Biblically or Constitutionally.....

Answer 2

That's it exactly. They are so used to having to quote their verses word for word that they think if Law of the Land (Which IS The Constitution) doesn't state it word for word then they can ignore it all together. Which isn't the case at all. Stating it as "nondenominational" still means it is Christian... no other religion uses the term "nondenomination" and the Constitution is written to provide Equality for ALL of the people here... not just the majority. There is no such thing as one group being MORE Equal than another under the Constitution just because they are the majority. Either you are for what this nation stands for or you aren't. You can't force your religion into it and claim that is what this nation stands for when it is clear we are NOT a Theocracy.

Below is a link... the Title - How the U S Constitution violates the 10 Commandments. It clearly shows that the laws of this land are not based on the 10 Commandments... which backs up the Treaty of Tripoli - we are not a Christian Nation.

Answer 3

The Constitution, which is THE definitive 'law of the land' is pretty clear...Congress cannot make any law respecting the establishment of a religion, nor prohibit its free exercise-period. In other words, as far as school prayer goes, the schools can't mandate student prayer-neither can they prohibit it.

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courts come and go...read the dred scott decision or plessy v. ferguson-do those decisions still stand?

Answer 4

The problem is the way it is being interpreted lately. I believe in what the Constitution says - the state can't mandate a religion. I agree with that law - and yes, I'm a Christian. But, I don't agree with the "freedom FROM religion" which is how it's been playing out.

Answer 5

"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."

I can't understand where the line is. The first amendment was created to not only protect the state from religion, but also to protect religion from the state.

Answer 6

The Supreme Court does NOT make supreme law. Congress does that.

The Supreme Court is merely the supreme COURT. It is one of the three co-equal branches of the U.S. federal government.

The Supreme Court's opinion only endures and prevails when congress attempts to make a law that is judged unconstitutional, and when congress itself subsequently fails to rework the faulty law, in order to remedy the problem.

Answer 7

James Madison, who initially drafted the Bill of Rights, would know best what he meant in the First Amendment:

"Strongly guarded . . . is the separation between religion and government in the Constitution of the United States..."

"...practical distinction between Religion and Civil Government is essential to the purity of both, and as guaranteed by the Constitution of the United States."

Additionally, how can you have freedom of religion without freedom from religion? Forcing one religion's beliefs on others takes away the very freedom of religion guaranteed by the Constitution.

ETA: How many Christians would be screaming about their freedom of religion if they were forced to obey the tenets of Islam?

Answer 8

I'm just glad someone else has heard of the Treaty of Tripoli.

Answer 9

Because it was never en tended to be that way the constitution was miss quoted, it was supposed to be the government would not interfere with the church only.

Answer 10

what idiots think that? oh, you mean Fundies really think that school prayer led by teachers is OK?????

no, but really folks....