Does the first amendment provide for the separation of church and state?
A common statement from religious-fundamentalist Republicans is that no where
in the constitution does it say "separation of church and state." First of
all, we can limit this discussion to the first amendment.
Secondly, I recall Kennedy answering questions regarding his Catholicism in which he
strongly defended the concept of "separation of church and state." What
I'm not sure about is when this statement became politically incorrect in some
people's minds.
Now let's look at what the first amendment actually says:
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.
The use of "or" four times and "thereof" once is to avoid repetition. Grammatically,
the amendment is saying five things:
- Congress shall make no law respecting an establishment of religion.
- Congress shall make no law prohibiting the free exercise of religion.
- Congress shall make no law abridging the freedom of speech.
- Congress shall make no law abridging the freedom of the press.
- Congress shall make no law abridging the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.
- "Respecting" is a preposition used as early as 1611 and can mean "with
respect to" "concerning" "in view of" "considering..." "Establishment" can
mean but is not limited to mean an established church. It can simply mean
"something established" (as a code of laws). Congress shall make "no
code of laws" concerning religion. So, if someone is touchy on the use of
"separation of church and state," then I simply conclude that the first part of
this amendment means: Congress shall make no code of laws concerning religion.
If this first part of the amendment was limited to Congress not being able to
establish a National Church by law, then the second part of the amendment would
be meaningless.
- If I have the freedom of religion, it must include not being forced to
practice another person's religion. If Congress could pass religious laws
(even though not establishing a National Church), I'd lose my free exercise of
religion. Congress would have control over it. This amendment gives
the individual the right to not observe any religious code.
The basis of congressional law is limited to civics and cannot be based in
religion. I believe the uniqueness of our country keeping religion out of
law was the salvation therof.