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the us constitution guarantees separation of church and fed government. do the constitutions of each?
of the fifty states specifically guarantee the separation of chuch and individual state or local government?
3 Antworten
- SocratesLv 7vor 9 JahrenBeste Antwort
The idea of "separation of Church and State" came from a personal letter by Jefferson to the Danbury, Connecticut Baptists (the wall that separates Church and State). This concept is NOT in the Constitution. In fact, Jefferson's term was meant as a mechanism to protect Church FROM government.
What has been interpreted as "separation" is really, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." - 1st Amendment
Now, as for the States. They are really not limited in their dealings with religion. Constitutionally (on the federal level), they could theoretically bring in religion into government affairs if it had the support of the people.
- MarkLv 7vor 9 Jahren
Repeating a little bit of the above, I don't know but it doesn't matter because the US Constitution does not just guarantee that ONLY the federal government must be separated from church(es), but it also prohibits the states from adopting official religions, joining with churches, and so on. I think you may be looking at the First Amendment and taking the first word "Congress" literally, and you'd be correct that before the 14th Amendment the federal government never forced the states to obey the First Amendment. But because of the 14th Amendment, the federal goernment has been, for many decades now, requiring that states have to obey the Establishment Clause principle of the First Amendment.
- Mr. SmartypantsLv 7vor 9 Jahren
I don't know for sure but I'd bet some do and some don't. It doesn't matter, because a federal law outranks a state law, and the Constitution is the 'supreme law of the land'. Separation of church and state is in the fed. const., so it doesn't need to be in state const.s