Eleanor Finch
The concept of the separation of church and state is often credited to the writings of English philosopher John Locke, who argued that the government lacked authority in the realm of individual conscience. The phrase separation of church and state does not appear in the US Constitution, but the concept is enshrined in the First Amendment: Congress shall make no law respecting an establishment of religion. The Establishment Clause separates church from state but not religion from politics or public life. The Supreme Court has also ruled that the First Amendment's Establishment Clause and Free Exercise Clause together build a wall of separation between church and state.
| Characteristics | Values |
|---|---|
| Origin of the concept | The concept of separating church and state is often credited to the writings of English philosopher John Locke (1632-1704). Roger Williams was the first to write of "Soul Liberty" in 1636, coining the term "liberty of conscience". |
| Mention in the US Constitution | The phrase "separation of church and state" does not appear in the US Constitution. |
| First Amendment | The First Amendment guarantees religious liberty by forbidding Congress from establishing a religion or preventing the free exercise of faith. |
| Establishment Clause | The Establishment Clause separates church from state but not religion from politics or public life. It prevents the government from creating an official religion or favoring one religion (or non-religion) over another. |
| Free Exercise Clause | The Free Exercise Clause ensures the right to practice one's faith without harming others. |
| State constitutions | Each state has separated religion from government in their constitutions, providing protections for religious liberty. |
| Supreme Court rulings | The Supreme Court has ruled that states must uphold religious freedom and that the Establishment Clause prohibits all levels of government from either advancing or inhibiting religion. |
| Role of religion in politics | Proponents of separation of church and state say that it is law and must be maintained. Opponents argue that the phrase never appears in the Constitution and that it takes religion out of public life. |
| Thomas Jefferson | Thomas Jefferson's letter to the Danbury Baptists emphasized that the First Amendment's free exercise and establishment clauses together built "a wall of separation between church and state". |
| James Madison | James Madison, the principal author of the First Amendment, warned against taxpayer funding of religion, recognizing that preventing government interference in religion is essential for religious liberty. |
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What You'll Learn
The First Amendment
The concept of separating church and state is often credited to the writings of English philosopher John Locke (1632-1704). Locke argued that ecclesiastical authority had to be distinct from the authority of the state, or "the magistrate". According to his principle of the social contract, Locke argued that the government lacked authority in the realm of individual conscience, as this was something rational people could not cede to the government for it or others to control.
The phrase "separation of church and state" does not appear in the Constitution, and the Founding Fathers saw nothing wrong with having religion in American culture. The First Amendment has two religion clauses: the Establishment Clause and the Free Exercise Clause. The Establishment Clause, or “no establishment" clause, prohibits the government from creating an official religion or favouring one religion (or non-religion) over another. It is often referred to as erecting a "wall of separation between church and state". The Free Exercise Clause ensures the right to practice one's faith without harming others.
Thomas Jefferson immortalized the phrase "separation of church and state" in a letter to the Danbury Baptist Association. The Baptist community penned a letter to the president expressing fear about religious persecution as a religious minority. Jefferson responded, emphasizing that the First Amendment's free exercise and establishment clauses together built "a wall of separation between church and state". James Madison, the principal author of the First Amendment, explicitly warned against taxpayer funding of religion, including religious education, because it would allow the government to force citizens to conform to the preferred faith of those in power.
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Religious freedom
The concept of religious freedom is an essential aspect of the separation of church and state. While the exact phrase "separation of church and state" does not appear in the US Constitution, the principle is enshrined in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." This is known as the Establishment Clause, which prohibits the government from creating or endorsing an official religion, thereby preventing it from interfering in the spiritual and religious lives of citizens.
The Founding Fathers, including Thomas Jefferson and James Madison, believed that religious freedom was a natural right that allowed individuals to shape their lives according to their convictions. Jefferson, in his letter to the Danbury Baptist Association, a religious minority group, emphasised the importance of the Establishment Clause and the Free Exercise Clause in maintaining this separation. Madison, the principal author of the First Amendment, also explicitly warned against taxpayer funding of religion, recognising that it could lead to the government forcing citizens to conform to a specific faith.
The Supreme Court has played a significant role in interpreting and upholding religious freedom. In Everson v. Board of Education (1947), Justice Hugo Black wrote, "The First Amendment has erected a wall between church and state, which must be kept high and impregnable." However, in more recent cases such as Carson v. Makin and Kennedy, the conservative majority on the Supreme Court has been criticised for blurring the lines between church and state. These rulings suggest that the court views the enforcement of the Establishment Clause as hostile to religion, potentially infringing on religious freedom.
The separation of church and state enables religious diversity and protects against government control of religion. It ensures that people are free to bring their religious convictions into public life and politics, as long as it does not result in legislation based solely on religious convictions. This separation also allows for the protection of minority faiths and encourages a variety of religious traditions to coexist. While the extent of this separation has been debated throughout history, it remains a fundamental aspect of religious freedom in the United States, aiming to create a freer and more inclusive democracy.
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The Establishment Clause
- The primary purpose of the assistance is secular;
- The assistance must neither promote nor inhibit religion; and
- There is no excessive entanglement between church and state.
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The Free Exercise Clause
The concept of separation of church and state is often credited to the writings of English philosopher John Locke (1632–1704). Locke's principle of the social contract argued that the government lacked authority in the realm of individual conscience, as this was something rational people could not cede to the government for it or others to control.
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Free Exercise Clause, commonly identified as freedom of religion, reserves the right of individuals to practice any religious belief and engage in religious rituals they choose. The Clause protects not just religious beliefs but also some actions made on behalf of those beliefs, so long as the practice does not run afoul of "public morals" or a "compelling" governmental interest. In the terms of economic theory, the Free Exercise Clause promotes a free religious market by precluding taxation of religious activities by minority sects.
> "Because if Religion be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body."
At various times, the Court has either applied a broad or narrow application of the clause. The First Amendment initially applied only to the U.S. Congress. As such, state and local governments could abridge the Free Exercise Clause if there was no similar provision in the state constitution. In 1940, the Supreme Court held in Cantwell v. Connecticut that the Free Exercise Clause is enforceable against state and local governments.
The Establishment Clause and the Free Exercise Clause sometimes come into conflict, and the federal courts help to resolve such conflicts, with the Supreme Court being the ultimate arbiter.
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The Supreme Court's stance
The Supreme Court has played a pivotal role in interpreting and enforcing the separation of church and state in the United States. The concept, although not explicitly mentioned in the Constitution, is derived from the First Amendment's Establishment Clause, which prohibits the government from establishing an official religion or favouring one religion over another. Over time, the Supreme Court has issued rulings that have shaped the understanding and application of this principle.
One notable case is Everson v. Board of Education in 1947, where the Court upheld the state law providing for public busing to private religious schools. In this case, Justice Hugo Black famously stated, "The First Amendment has erected a wall between church and state, which must be kept high and impregnable." This ruling set a precedent for interpreting the separation of church and state regarding state governments.
In Reynolds v. United States (1878), the Supreme Court examined the history of religious liberty in the nation. They quoted Thomas Jefferson's "separation" paragraph from his letter to the Danbury Baptists, acknowledging the importance of religious freedom and the separation of church and state.
However, in more recent cases, such as Carson and Kennedy, the conservative majority on the Supreme Court has taken a different approach. Justice Sonia Sotomayor recognised that these rulings lead "us to a place where separation of church and state becomes a constitutional violation." The Court has increasingly viewed the Establishment Clause as a historical footnote, potentially blurring or eliminating the separation between church and state.
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Frequently asked questions
No, the phrase "separation of church and state" does not appear in the US Constitution. However, the concept is enshrined in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This is known as the Establishment Clause, which prohibits the government from creating an official religion or favouring one religion over another.
The Establishment Clause is a vital component of the First Amendment, which protects against governmental endorsement and imposition of religion. It also ensures that people are free to practice their faith without harming others.
The concept of separating church and state is often credited to the writings of English philosopher John Locke (1632-1704). Roger Williams, a minister, lawyer, and merchant, first coined the term "soul liberty" or "soul freedom" in 1636, which later inspired Locke's expansion on the idea.
