What law defines separation of church and state?

Question

This law is cited, probably more than any other, but I simply cannot find it. Any help here?

In the constitution, where?

I see a reference to religion, in the first amendment, here I'll quote it.

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

But that's all I see. I've searched through the constitution for this law, but have not found it. Can someone please show me this law?

Here's a copy of the U. S. Constitution if you don't believe me: http://benniaustin.com/constitution.htm

I just don't see how the first amendment separates church and state. It simply states that the government can't make an official religion or ban a religion.

So where is this mystery "separation of church and state" law that everyone keeps quoting?

Now now, local governments surely should be able to make their own laws. The constitution says that "Congress shall make no law", where does it say that "School district 271 shall make no law"?

32 answers and still nothing, should we just go ahead and stop quoting this law, that doesn't seem to exist?

*Ding Ding Ding*

Thanks "been there", that's what I was looking for, although not a "law" per say, just a precedent, it is treated as one. That is the danger of using precedents as law, people think it's law. In this case people start quoting the constitution incorrectly, which have never ever actually read.

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I would suggest to everyone,
who cited the constitution in
your answer to read it again.
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Answer 1

The problem is ... separation of church and state is not a law. It is a practice. In cases involving 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.) the Supreme Court established rulings that while the Congress cannot legislate religion, it could also not mandate religion such that it could not create law favoring one religion over another.

The initial thought process behind the separation, as detailed by some of our founding fathers like Thomas Jefferson, was that, while England had established the Church of England as its official church, the newly formed America would not. As the founders (and history) had played witness to the role of the church in governing the people and establishing law, they sought to take a different path. The goal was never to ban faith in the halls of government. Quite the contrary, the overwhelming majority of the founding fathers were faithful Christians who relied heavily on their faith in forming this nation. What they sought to avoid was the ratification of legislative action and political elections by an established liturgical body. The Catholic church had dominated politics in Europe for a thousand years, and had set the stage for the separation doctrine.

The problem is, now we look to it as legislative canon and abhor anything remotely resembling faith in the political mileu. Faith played an essential part in the early leadership of our country, and we may have forgotten that to some degree lately. It seems like this doctrine has become a way to "legally" legislate faith in recent years, rather than a foundation for who is has final say in the leadership of the governing bodies of our nation.

Answer 2

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.

This means that religion and government must be separate. The government can not endorse a specific religion. The founding Fathers believed this strongly. Many of their families fled England because they were not Anglicans. This was the state religion of England. No state religion allowed = separation of church and state.

News flash for idiots: God was added to the pledge of allegiance in the 1950's. The fact that In "God We Trust" is on money does not constitute the endorsement of a specific religion. You can pray in a public school, but instructors or school officials can not lead the students in prayer. This would constitute an endorsement of a specific religion.



Response to this mess:

"Now now, local governments surely should be able to make their own laws. The constitution says that "Congress shall make no law", where does it say that "School district 271 shall make no law"?"

(You are doing a wonderful job showing how ignorant you are. Seek employment with the Bush justice department. They will love you. He might even recess appoint you as judge.)

Amendment 10 - Powers of the States and People. Ratified 12/15/1791.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So when the constitution says congress can make no law it also means that the states and the local governments can make no law. It would be ridiculous any other way. It is like saying congress can't abridge your right to freedom of speech but the state or the township can.

I would suggest to everyone,
who cited the constitution in
your answer to read it again.

The supreme court agrees with our interpretation, so tough tittie for you.

Face facts: Separation of church and state was the intention of the founders. It is a NO-BRAINER.

Answer 3

This law is primarily based upon the 1st Amendment, which states that Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof.

Therefore, the federal or state government, or any public school system because it is funded by the state may promote any particular religion.

Answer 4

The basis of the law is the Constitution. The laws themselves are more in the form of governmental policies, not specific statutes. Here is the Constitutional reference:

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.


Its interpretation has been pretty broad over the years. We allow the Senate to start the day with a prayer (even paying the salary for a Senate Chaplin) but prohibit prayer in school: we have "In God We Trust" on all our currency but ban displays of faith in public buildings: our politicians all crow about their faith but kids are not allowed to have prayer groups on school property during school time.

Answer 5

This is part of our Constitution and is a basic freedom. It is in the 1st amendment of the Constitution.

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

It was proposed and sent to the states by the first session of the first congress. It was ratified, December 15, 1791.

Answer 6

What is commonly referred to as "the seperation of church and state" is base on the First Amendment to the Constitution of the United States. I believe it reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ." The courts then determine if particular laws are or are not in violation of this statement.

Answer 7

Impossible to separate personal mores derived from an individual's religious background. However, there cannot be a state sponsored or "official" religion, It is not directly stated in the constitution that there shall be a "separation of church & state" but was clearly intended to be set up that way by the founders to ensure religious freedom which is a basic right of all the people. Political division in this country is growing along "religious " lines & that is simply because politicians will pander to any special interest group that will get them votes. Not taking a slap at any religious group except the ones that would deny religious freedom to any other. Government must remain secular to be fair to all. Agree that an athiest can be as well suited to office on ethical grounds as any other person who may happen to be of a certain "faith". Fine with me as long as they keep their religious convictions ( or none) to themselves. The abortion question is a "hot button " issue that crosses all political & religious lines & is a prime example of your point. What most people forget is that it is a legal, rather than a religious matter. Could say ("against abortion ?...dont have one!). To ban it entirely would have tragic consequences for some, & those who oppose it flatly on religious grounds ( & who are not in the situation) are making decisions for someone else who's life or mind may be at risk. Not going to solve that one here. Cannot please everyone, & to be true to the constitution.... the more distance , the better. Best regards

Answer 8

It's the first amendment to the Constitution. You must not have looked very hard.

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.

Answer 9

case law: the supreme court has interpreted the first amendment of the u.s. constitution in rather strange ways.
jefferson used the phrase "separation of church and state" in a letter to the congregation of the danbury baptists. but you should google that to read it in context to understand what ol' thomas j. was on about.

"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."

Answer 10

There is no law that specifically states that church and state must be separate. However, tradition and the lessons of history have taught us that when the state and a specific religion are mutually self supporting, then there is no freedom of religion. Atheistic communist governments are afraid of giving their citizens any freedom such as choosing their own faith belief. North Korea and Cuba are perfect examples of a government becoming the religion of the masses.