How many times is the phrase “separation of church and state” mentioned in the U.S. Constitution? The answer, which would likely surprise most Americans, is zero. In fact, that phrase wasn’t used by the Supreme Court until the case Reynolds v. United States almost 100 years after the Constitution was signed.
How many times is the phrase “separation of church and state” mentioned in the U.S. Constitution? The answer, which would likely surprise most Americans, is zero. Share on XStill, that phrase is used regularly in the modern era as a legal argument for the exclusion of God from government. However, by examining founding era documents, namely, the Declaration of Independence, the U.S. Constitution, and Jefferson’s letter to the Danbury Baptists, it is clear that the founding fathers would have rejected the modern interpretation of “separation of church and state.”
The Declaration of Independence Embraces God
The first of the three documents to be written was the Declaration of Independence. Written in 1776, it is in this document that the founding fathers listed their reasons for separating from the British Crown. Through these grievances, it is evident that the subsequent war was not so much fought over taxation (although that was an important factor) but instead because the British government had usurped established power from the colonial government, violated the principle of representation, and repeatedly violated the rights of the colonists.
Alongside these reasons, Jefferson laid out a compelling argument to justify the separation from Great Britain. The resounding principle of the Declaration is this:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”
(1776, paragraph 2)
Within this Declaration, God is listed as the source of unalienable rights. This has significant implications for the “separation of church and state” debate.
The Constitution is the Political Implementation of the Declaration
The U.S. Constitution is often seen as an extension or application of the Declaration, and with good reason. It puts into place the principles that Thomas Jefferson wrote about eleven years earlier. With this document, a limited form of government was structured with the intent that rights would not be infringed, and that liberty would be sustained.
Its purpose was to put into action the American goals as stated in the Declaration. In this sense, the Declaration of Independence was a manifesto for the soon-to-come American government. Whereas the Declaration had no inherent political power besides asserting the separation from Great Britain, the Constitution would henceforth be “the supreme law of the land” (U.S. Const. art. VI).
Thus, when analyzing the “separation of church and state” issue, it is the Constitution that is ultimately the authority on the subject, not any other document, (although external documents may indeed assist in interpretation).
A reading of the Constitution will reveal that the phrase “separation of church and state” does not exist in that document. Neither does it exist in the Declaration of Independence.
The Real Source of “Separation of Church and State”
The origin of the phrase as often cited by the Supreme Court is Thomas Jefferson’s letter to the Danbury Baptists, written in 1802, fifteen years after the signing of the Constitution. In the short letter, Jefferson addressed concerns that the government might violate religious liberty.
He reassured the Danbury Baptists that the 1st Amendment to the Constitution provides a “wall of separation between Church and State,” that protects the church from government interference (Jefferson, 1802). In his mind, the phrase “wall of separation” reaffirmed the 1st Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (U.S. Const. amend. I).
So, if by “separation of church and state,” one simply means that the government would neither be a theocracy nor be hostile to religion, then the founding fathers would certainly have agreed. Their ancestors had suffered under religious persecution in Europe imposed by the government, and thus they aimed to avoid a similar problem.
Yet many people today take this phrase to mean that there should be a separation of God from government. In other words, they believe that religious beliefs should not be applied in politics or the public sphere. This view does not align with the Declaration of Independence or the Constitution.
The 1st Amendment Distorted
Some often argue that the separation of God from the government is what is meant by the 1st Amendment, citing Jefferson as an authority based on his letter to the Danbury church. But even if Jefferson’s letter did provide such an interpretation, which it does not, it would not be authoritative considering that Jefferson was not a participant in the debates about, nor a signer of, the Constitution.
Despite this, “Jefferson’s letter has been used by the Supreme Court, including Justice Hugo Black as ‘almost an authoritative declaration’ as to the Founders’ intent for the Establishment Clause. However, two days after he sent the letter, he attended a church service conducted in the House of Representatives” (Bill of Rights Institute). Jefferson clearly had no problem with religious activities and influence taking place in the halls of government. Despite this, people continue to use his words out of context to justify excluding God from government.
Beyond that, Jefferson lists God the “Creator” as the source of unalienable rights in the Declaration. Jefferson, and the American founding fathers collectively, believed that while the Constitution would not establish a religion, neither would it prohibit its exercise, expression, and influence within the government and society.
Freedom of Religion, Not Freedom from Religion
The purpose of these three founding-era documents was to establish a level of liberty previously unheard of in the world. The founders strongly believed that people of faith should influence the government, and they understood that “God applies to all of life” (Martin, 2006, ch.4).
The founders strongly believed that people of faith should influence the government, and they understood that “God applies to all of life” Share on XThe Declaration of Independence champions the ideas of freedom and liberty, and the Constitution puts those ideas into motion within the structure of the government. Even Jefferson’s letter, though often used to attack religious liberty, is in reality a support for religious freedom. Everyone is free to express their values in the public and political sphere, thanks to the founding fathers. People of faith are no exception.
“Everyone is free to express their values in the public and political sphere, thanks to the founding fathers. People of faith are no exception.” Share on XReferences
Jefferson’s Letter to the Danbury Baptists the Final Letter, as Sent. Jefferson’s Letter to the Danbury Baptists (June 1998) – Library of Congress Information Bulletin. (n.d.). https://www.loc.gov/loc/lcib/9806/danpre.html
Letters between Thomas Jefferson and the danbury baptists (1802). Bill of Rights Institute. (n.d.). https://billofrightsinstitute.org/primary-sources/danburybaptists
Martin, G. R. (2006). Prevailing worldviews of Western society since 1500. Triangle Publishing.
National Archives and Records Administration. (n.d.-a). Declaration of independence: A transcription. National Archives and Records Administration. https://www.archives.gov/founding-docs/declaration-transcript
National Archives and Records Administration. (n.d.-b). The Bill of Rights: A Transcription. National Archives and Records Administration. https://www.archives.gov/founding-docs/bill-of-rights-transcript
National Archives and Records Administration. (n.d.-c). The constitution of the United States: A transcription. National Archives and Records Administration. https://www.archives.gov/founding-docs/constitution-transcript