Separation of Church and State Myth: Is It In The Constitution?
Myth: The phrase “separation of church and state” does not appear in the Constitution. Response: That is true, the phrase “separation of church and state” does not actually appear anywhere in the Constitution. There is a problem, however, in that some people draw incorrect conclusions from this fact. The absence of this phrase does not mean that it is an invalid concept or that it cannot be used as a legal or judicial principle. 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 exampl
