>> I just saw an editorial in my CMU paper that mentioned that
>> the separation of church and state, saying that he could not
>> find it in the constitution. He said that the only thing you
>> will find is the establishment clause. I don't have a
>> constitution handy, could some one in the know fill me in
>> on exactly what it says?
>> I thought that the separation of church and state was pretty
>> well spelled out in the Constitution.
Article VI, Section 3:
The Senators and Representatives before mentioned, and
the members of the several State legislatures, and all executive
and judicial officers, both of the United States and of the
several States, shall be bound, by oath or affirmation, to support
this Constitution; but no religious test shall ever be required as
a qualification to any office or public trust under the United
(specifically, note the "no religious test bit." This appears to apply
to all level of government, not just the Federal, and all branches,
not just the legislative.)
The 1st 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.
(there's the establishment clause, and also the no-prohbition of free
exersize bit. This is what is usually taken to mean "separation church
and state", but all it actually says is that the congress can't force a
religion on anyone, or prevent anyone from practicing one.)
The 14th Amendment, Section 1:
All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without
due process of law, nor deny any person within its jurisdiction
the equal protection of the laws.
(Particularly, note the "no State shall make or enforce any law which
shall abridge the privileges or immunities..." part. This is usally
taken to mean that the States are bound by first amendment rights, too.
Previous to this Amendment, they were not.)
So, although there is more than JUST the establishment clause,
there is no explicit "separation of church and state". However,
IMHO you are still right: it IS spelled out pretty well in the
Constition. But it does not use those words anywhere.
There are people who disagree with me though, and feel that
just because the government isn't allowed to "establish" a religion,
doesn't mean it can't enfore parts of THEIR religion. Or perhaps
they meant "denomination" when they said "religion", or...
It's gets pretty weird.
There may also be stuff at the state levels relevant to this, but I
do not know about that.
- Dan Johnson
And God said "Jeeze, this is dull"... and it *WAS* dull. Genesis 0:0