CHURCH AND STATE OR RELIGION AND GOVERNMENT?

Q: Where in the Constitution are the words "separation of church and state"?

A: Those exact words are not in the Constitution, but there are many words which are not in the Constitution, such as, God, Christianity, Judeo-Christian principles, etc. Therefore, the proper question is, Where in the Constitution is stated the principle of separation between religion and government? An October 7, 1999, letter in the Wichita Eagle raised the same question. On Oct. 21, my reply was published:,

(1) In 1787 the Founding Fathers (including James Madison) deliberately and clearly wrote (Art. 6., Sec. 3.): "No religious test" shall ever be required as a qualification to any office or public trust under the United States.

(2) In 1789 a Senate-House conference committee, of which James Madison was cochairman, wrote (First Amendment): Congress shall make no law respecting an establishment of "religion."

(3) In 1811 President James Madison said (Feb. 21 veto message): "Governments are limited by the essential distinction between civil and religious functions."

(4) In an undated essay, James Madison wrote (see William and Mary Quarterly, 1946, 3:555): "Strongly guarded as is the separation between Religion and Government in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents already furnished in their short history."

I guess I could have added, James Madison said it, I believe it, and that settles it!

It should also be made clear that proper terminology is important to proper understanding of what the Constitution does say. The constitutional issue is about separation between "religion" and government, not simply "church and state." The word "church" is not in the Constitution; the constitutional word is "religion." Use of the terminology "church and state" is misleading and inaccurate. The Constitution does not forbid just a "church" test; it forbids a "religious" test. The Constitution does not simply prohibit Congress from making "church" laws; it forbids Congress from making "religion" laws. It is "religion" which is not to be established by law. Use of proper terminology will eliminate much confusion in regard to the constitutional principle of separation.