For all of you conservatives who still use that lame argument that the exact phrase "separation of church and state" must be present in the Constitution in order for the principle in and of itself to exist, I guess at the same token we don't have the "right to a fair trial." Neither do we have the "right to free speech." Oh, and forget about the "right to warranted search and seizures." That said, it simpy DOESN’T MATTER if the EXACT phrase “separation of church and state” appears in the Constitution or not. Separation of church and state is IMPLIED -- and one doesn’t even have to look in the First Amendment for it (I’m not even addressing precedent either here, i.e. Lemon vs. Kurtzman).
Please refer to Article VI, Section III of the unamended Constitution: “but no religious test shall ever be required as a qualification to any office or public trust under the United States.” Joseph Story comments:
Please refer to Article VI, Section III of the unamended Constitution: “but no religious test shall ever be required as a qualification to any office or public trust under the United States.” Joseph Story comments:
“The remaining part of the clause declares, that 'no religious test shall ever be required, as a qualification to any office or public trust, under the United States.' This clause is not introduced merely for the purpose of satisfying the scruples of many respectable persons, who feel an invincible repugnance to any test or affirmation. It had a higher object: to cut off forever every pretence of any alliance between church and state in the national government. The framers of the constitution were fully sensible of the dangers from this source, marked out in history of other ages and countries; and not wholly unknown to our own. They knew, that bigotry was unceasingly vigilant in its own stratagems, to secure to itself an exclusive ascendancy over the human mind; and that intolerance was ever ready to arm itself with all the terrors of civil power to exterminate those, who doubted its dogmas, or resisted its infallibility.”
From: COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES, by Supreme Court Justice Joseph Story, Vol III, (1833)
pg 705)
From: COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES, by Supreme Court Justice Joseph Story, Vol III, (1833)
pg 705)
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