![]() | Agnosticism / Atheism |
Topics
Does God Exist?What is Atheism?What is Agnosticism?Myths About AtheismQuestions About AtheismAdvice for AtheistsAtheist Activism & PoliticsSkeptics, Critical ThinkingEthics and MoralitySecular, Religious HumanismEvolution & CreationismChurch/State SeparationReligious Right, ExtremismReligion & TheismBible Analysis, Commentary | Separation of Church & StateChurch & State IssuesPledge of AllegianceReligion in Public SchoolsTen Commandments Church & State Myths, MisconceptionsFreedom From Religion vs. Freedom of ReligionEstablishment of a National ChurchMadalyn Murray OHair & School Prayer Separation of Church and State Myth: Is It In The Constitution?If It's Not in the Constitution, then it Doesn't ExistMyth: Response: There are any number of important legal concepts which do not appear in the Constitution with the exact phrasing people tend to use. For example, nowhere in the Constitution will you find words like "right to privacy" or even "right to a fair trial." Does this mean that no American citizen has a right to privacy or a fair trial? Does this mean that no judge should ever invoke these rights when reaching a decision? Of course not - the absence of these specific words does not mean that there is also an absence of these ideas. The right to a fair trial, for example, is necessitated by what is in the text because what we do find simply makes no moral or legal sense otherwise. What the Sixth Amendment of the Constitution actually says is:
There is nothing there about a "fair trial," but what should be clear is that this Amendment is setting up the conditions for fair trials: public, speedy, impartial juries, information about the crimes and laws, etc. The Constitution does not specifically say that you have a right to a fair trial, but the rights created only make sense on the premise that a right to a fair trial exists. Thus, if the government found a way to fulfill all of the above obligations while also making a trial unfair, the courts would hold those actions to be unconstitutional. Similarly, courts have found that the principle of a "religious liberty" exists behind in the First Amendment, even if those words are not actually there:
The point of such an amendment is twofold. First, it ensures that religious beliefs - private or organized - are removed from attempted government control. This is the reason why the government cannot tell either you or your church what to believe or to teach. Second, it ensures that the government does not get involved with enforcing, mandating, or promoting particular religious doctrines. This is what happens when the government "establishes" a church - and because doing so created so many problems in Europe, the authors of the Constitution wanted to try and prevent the same from happening here. Can anyone deny that the First Amendment guarantees the principle of religious liberty, even though those words do not appear there? Similarly, the First Amendment guarantees the principle of the separation of church and state - by implication, because separating church and state is what allows religious liberty to exist.
Related Myths about the Separation of Church and State:
Religion is necessary for good government You have freedom of religion, not freedom from religion This "separation of church and state" is anti-religion The "separation of church and state" is unbiblical This "separation of church and state" is a communist plot The First Amendment only prohibits a national church The First Amendment only works in one direction The First Amendment only applies to the Federal Government What about the "Sundays Excepted" clause? Thomas Jefferson's letter to the Danbury Baptists is not important An atheist, Madalyn Murray O'Hair, removed God, the Bible and prayer from public schools God was expelled from public schools in 1962 Separation of Church & StateChurch & State IssuesPledge of AllegianceReligion in Public SchoolsTen Commandments Church & State Myths, MisconceptionsFreedom From Religion vs. Freedom of ReligionEstablishment of a National ChurchMadalyn Murray OHair & School Prayer |
|
All Topics | Email Article | | | ![]() |
| Advertising Info | News & Events | Work at About | SiteMap | Reprints | Help | Our Story | Be a Guide |
| User Agreement | Ethics Policy | Patent Info. | Privacy Policy | ©2008 About, Inc., A part of The New York Times Company. All rights reserved. |


