in what section of the constitution does it speak of separation of church and state?

Question

doing some research. thanks

Answer 1

The Constitution doesn't speak about it in those terms.

It does state that there can be no officially established state religion, and that the government can't legislate in a way that limits religious expression, but that's it.

The term "separation of church and state" comes from a letter written by one of the founding fathers. Its funny but later on the same man in the same letter speaks of how the government of the US is Christian and should remain so...

Answer 2

Those exact words may not be in the Constitution, but here's what ELSE isn't there:

Separation of Powers
Check & Balances
Right to a Fair Trial

Would anyone argue that these things do not exist merely because those words are not in the Constitution?

Separation of Church & State is implicit in the Non-Establishment Clause of the First Amendment. That's how Jefferson interpreted it, and conservatives put a lot of stock in "original intent". Jefferson's understanding of the First Amendment to mean separation of church and state, as written in the Danbuy Baptist letter, was held to be authoritative bvy the Supreme Court in the Reynolds Case (1879) so it is NOT the recent invention of an activist court. Furthermore, it has been ratified by many, many Court decisions. The matter should be settled, but there's too many people with theocratic aims.

Answer 3

It doesn't, not anywhere.

The First Amendment prohibits Congress from making a law "respecting an Establishment of religion". What most people don't realize though is that, at the time, 11 of the 13 States had an official *State* religion. The 1st was written to prevent the Federal Govt imposing national religion OVER the ones the States had chosen. It wasn't till after the passage of the 14th amendment extended the protections of the Bill of Rights to cover laws passed by the *states* (Before that they only limited the power of the *Federal* Govt) that the states established religion laws were struck down.

The phrase "a wall of separation of church and State" comes from a letter from Thomas Jefferson to a church group worried that the Federal Govt would restrict their rights to freedom of religion.

Religious 'interference' with government was NEVER a concern of the founders. What worried them was Govt interfering with religion. For the first hundred years of the nations history, there was a church service IN congress every Sunday.

Richard

Answer 4

The phrase "separation of church and state" does not appear anywhere in the Constitution. Thomas Jefferson wrote that the 1st Amendment erected a "wall of separation" between the church and the state (James Madison said it "drew a line," but it is Jefferson's term that sticks with us today). The phrase is commonly thought to mean that the government should not establish, support, or otherwise involve itself in any religion. The Religion Topic Page addresses this issue in much greater detail.

Answer 5

The First Amendment to the US Constitution states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech or of the press; or of the right of the people peacefully to assemble, and to petition the Government for a redness of grievances."


Go to the link below to read the PROOF for yourself:

Answer 6

Although the Constitution does not mention these issues in these terms, the Establishment Clause of the First Amendment has been extended and referred to as the "separation of church and state" in popular parlance for years.

Answer 7

It's the First Amendment of the Constitution and it
states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…
It was meant to keep the states from starting religions and making people join and now it seems everyone wants to use it to remove God from everything!!!!!1

Answer 8

The only time religion is mentioned is in the 1st Amendment.

The Federal government cannot create a national religion (like the British monarchs did with the Anglican Church), nor can the federal government make laws inhibiting the free practice of religion.

That's it.

Answer 9

it's based on the first amendment establishment clause that states:
"Congress shall make no law respecting an establishment of religion...."
This has been interpreted to mean the state cannot endorse a particular religion or religion in particular. That is why the US has no official religion

Answer 10

You'll find it in case law. And also try the First Amendment which supports the free exercise of religion.