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| | '''Separation of church and state''' is one interpretation of part of the [[Establishment Clause]] of the [[United States Constitution]]. The section in question reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof....".<ref>[http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti 1st Amendment of the US Constitution]</ref> This phrase is interpreted by judges to mean that all issues regarding the [[Government]] and those regarding the [[Church]] be kept separate. The bulk of case law supports this interpretation.<ref>''See, e.g.'' Lemon v. Kurtzman.</ref> However, strict-constructionists insist that the constitution must be interpreted verbatim. | | '''Separation of church and state''' is one interpretation of part of the [[Establishment Clause]] of the [[United States Constitution]]. The section in question reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof....".<ref>[http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti 1st Amendment of the US Constitution]</ref> This phrase is interpreted by judges to mean that all issues regarding the [[Government]] and those regarding the [[Church]] be kept separate. The bulk of case law supports this interpretation.<ref>''See, e.g.'' Lemon v. Kurtzman.</ref> However, strict-constructionists insist that the constitution must be interpreted verbatim. |
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| | + | == Keeping the State from the Church's Influence == |
| | [[Thomas Jefferson]] first coined the phrase in 1801.<ref>[http://www.loc.gov/exhibits/religion/rel06-2.html Religion and the Federal Government], ''LOC.gov''</ref>, in his letter of reply to the Danbury Baptist Association:<ref>[http://www.stephenjaygould.org/ctrl/dba_jefferson.html Letter from Thomas Jefferson to the DBA]</ref> | | [[Thomas Jefferson]] first coined the phrase in 1801.<ref>[http://www.loc.gov/exhibits/religion/rel06-2.html Religion and the Federal Government], ''LOC.gov''</ref>, in his letter of reply to the Danbury Baptist Association:<ref>[http://www.stephenjaygould.org/ctrl/dba_jefferson.html Letter from Thomas Jefferson to the DBA]</ref> |
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| | The [[Treaty of Tripoli]], drafted during Washington's presidency and ratified by John Adams, states that "The government of the United States of America is not, in any sense, founded on the Christian religion."<ref>[http://www.yale.edu/lawweb/avalon/diplomacy/barbary/bar1796t.htm Treaty of Tripoli, Article 11.] Ratified in 1796 and again in 1797.</ref> Many proponents of a Christian America point out that the treaty was superseded by the [[Treaty of Peace and Amity]] in 1805 (although the superseding of the treaty does not change John Adams' secular view of the United States). | | The [[Treaty of Tripoli]], drafted during Washington's presidency and ratified by John Adams, states that "The government of the United States of America is not, in any sense, founded on the Christian religion."<ref>[http://www.yale.edu/lawweb/avalon/diplomacy/barbary/bar1796t.htm Treaty of Tripoli, Article 11.] Ratified in 1796 and again in 1797.</ref> Many proponents of a Christian America point out that the treaty was superseded by the [[Treaty of Peace and Amity]] in 1805 (although the superseding of the treaty does not change John Adams' secular view of the United States). |
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| | + | == Separating the Church from the State's Influence == |
| | + | Like many political doctrines, the separation of church & state is a double-edged sword. If religion cannot influence government, nor can government influence religion. Accordingly, churches and religious organizations are kept from government intrusion with the highest deference to ecclesiastical matters. For example, Title VII contains a built-in exception for religious organizations.<ref>42 U.S.C. 2000(e)-(1).</ref> The provision has been construed to allow churches to handle their ministerial matters without government intrusion in any way.<ref>McClure v. Salvation Army.</ref> In this sense, separation of church & state is ''good'' for the church, as it ensures religious autonomy. |
| | == References == | | == References == |
| | <references/> | | <references/> |
| | [[category:politics]] | | [[category:politics]] |