Runt
Well-Known Member
F_R_O_G said:Um, WHERE? How in the world are you coming to such assumptions?
*shrug* You asked for it.
Where I came up with the crazy notion that the Constitution calls for a seperation of church and state:
Amendment 1: "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 peacefully to assemble, and to petition the government for a redress of grievances."
Article VI " The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."
No, the exact wording "Seperation of Church and State" is not found in the constitution. However, Congress has an interesting little set of powers called the Implied Powers, which are granted by the the Elastic Clause or Necessary and Proper Clause.
Elastic/Necessary and Proper Clause: allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. " (Article I, Section 8 )
The Implied Powers granted by the Elastic Clause allow legislaters to make the laws we need to survive in our changing society, so that we are not living in the modern word with an anachronistic body of laws. They led to the loose interpretation of our Congress we use today and have used for some time, which allows us to make laws and give our government powers that are not explicitely stated in the constitution. For example, we can have an air force, even though the makers of the Constitution did not know about airplanes, because the Constitution allows for the formation of an army and navy, and therefore it is IMPLIED that it also allows for the formation of an airforce.
These powers also allow courts and legislaters to interpret the above Articles to mean there must be a "seperation of church and state". Which they have done. Multiple times.
Court cases dealing with the issues:
Illinois ex rel. McCollum v. Board of Education of School District, 333 U.S. 203 (1948): Court finds religious instruction in public schools a violation of the establishment clause and therefore unconstitutional.
Engel v. Vitale, 82 S. Ct. 1261 (1962)
Any kind of prayer, composed by public school districts, even nondenominational prayer, is unconstitutional government sponsorship of religion.
Abington School District v. Schempp, 374 U.S. 203 (1963)
Court finds Bible reading over school intercom unconstitutional and Murray v. Curlett, 374 U.S. 203 (1963) - Court finds forcing a child to participate in Bible reading and prayer unconstitutional.
Epperson v. Arkansas, 89 S. Ct. 266 (1968)
State statue banning teaching of evolution is unconstitutional. A state cannot alter any element in a course of study in order to promote a religious point of view. A states attempt to hide behind a nonreligious motivation will not be given credence unless that state can show a secular reason as the foundation for its actions.
Stone v. Graham, 449 U.S. 39 (1980)
Court finds posting of the Ten Commandments in schools unconstitutional.
Wallace v. Jaffree, 105 S. Ct. 2479 (1985)
States moment of silence at public school statute is unconstitutional where legislative record reveals that motivation for statute was the encouragement of prayer. Court majority silent on whether "pure" moment of silence scheme, with no bias in favor of prayer or any other mental process, would be constitutional.
Edwards v. Aquillard, 107 S. Ct. 2573 (1987)
Unconstitutional for state to require teaching of "creation science" in all instances in which evolution is taught. Statute had a clear religious motivation.
Lee v. Weisman, 112 S. Ct. 2649 (1992)
Unconstitutional for a school district to provide any clergy to perform nondenominational prayer at elementary or secondary school graduation. It involves government sponsorship of worship. Court majority was particularly concerned about psychological coercion to which children, as opposed to adults, would be subjected, by having prayers that may violate their beliefs recited at their graduation ceremonies.