Except separation of church and state is not written in the Constitution, rather we find "nor prohibit the free exercise thereof" is.
Incorrect.
It can be found in the Constitution here:
“[T]he First Amendment's language, properly interpreted, had erected a wall of separation between Church and State.”
Illinois ex rel. McCollum v. Board of Education of School District LII Legal Information Institute
Remember that the Constitution exists solely in the context of its case law, as interpreted by the Supreme Court, authorized by the doctrine of judicial review predating the Constitution, and as authorized by the Constitution itself in Articles III and VI.
“But that's not in the Constitution” is a failed and ignorant 'argument.'
C Clayton Jones would have you believe that the interpretation of the First Amendment of the constitution can accurately be attained by looking at case law set in the twentieth century, he couldn't be more wrong.
Here is why. Ever perform an exercise where two people are having a two minute discussion over a task to be performed and all the very detailed steps involved, then THAT person passes it down to the next individual to try and accurately explain all the same detailed steps in order to what he heard to the next person? Then the25th person in the room, when he hears what is said to him, it's nothing like what the first person had tried to explain in the first place. That is the equivalency to what C Clayton Jones is trying to defend here through his statement.
However, this only shows that an accurate interpretation can ONLY be found during the time of those who wrote it, with quotes and decisions around that same period of time stating HOW something is to be interpreted.
Here is what was actually said of those who were involved in the drafting of the first Amendment.
When it was initially being drafted in August 15, 1789 of the House Select Committee, one of the initial drafts read:
"NO RELIGION shall be established by law, nor shall the equal rights of conscience be infringed."
If this Amendment was to be about the removal of ALL religion from government, which no law shall be found to condone religion, then the Founders could have left it at that. However Peter Sylvester, Representative of New York, OBJECTED to the Select Committee's version stating:
"It might be thought to have a tendency to abolish religion altogether."
Which is why the FINAL version of the First Amendment therefor reads:
"Congress shall make no law respecting an ESTABLISHMENT of religion, ... ( with an important statement that was agreed upon and added to the amendment by the Founders )
or prohibit the free exercise thereof.[/U]
So what is meant by establishment?
Let's go back and see what statements were made -now pay close attention to the dates because that is the basis of where real "accuracy" is to be determined.... anything else and you have mere conjecture and
unsupported opinion.
Congress of the United States of America on January 19, 1853, through the report of Mr. Badger of the Senate Judiciary Committee defined what was meant by the word "establishment".
"The [First Amendment] clause speaks of "an establishment of religion." What is meant by that expression? It referred, without doubt to that establishment which existed in the mother-country ... endowment at the public expense, particular advantages to its members, or disadvantages or penalties upon those who wish to reject its doctrines or belong to other communions, -- such law would be a "law respecting an establishment of religion....."
They intended, by this amendment, to prohibit "an establishment of religion" such as the English Church presented, or any thing like it. But they had no fear or jealousy of religion itself, nor did they wish to see us an irreligious people ...
They did not intend to spread over all the public authorities and the whole public action of the nation the DEAD AND REVOLTING SPECTACLE OF ATHEISTIC APATHY. Not so had the battles of the Revolution been fought and the deliberations of the Revolutionary Congress been conducted.
In the law, Sunday is a "dies non;".... The executive departments, the public establishments, are all closed on Sundays; on that day neither House of Congress sits....
Sunday, the Christian Sabbath, recognized and respected by all the departments of the Government.....
Here is the recognition by law, and by universal usage, not only of a Sabbath, but the Christian Sabbath.... the recognition of the Christian Sabbath [by the Constitution] is complete and perfect."
Congress of the United States of America March 27,1854, received the report of Mr. Meacham of the House Committee on the Judiciary:
"What is an establishment of religion?
(1)It must have a creed, defining what a man MUST believe;
(2) it must have rites and ordinances, which believers MUST observe;
(3) it must have ministers of defined qualifications, to teach the doctrines and administer the rites,
(4) it must have tests for the submissive and penalties for the non-conformist.
There has NEVER been an establishment of religion without all these....
At the adoption of the Constitution... every State... provided as regularly for the support of the Church as for the support of Government...
Down to the Revolution, every colony did sustain religion in some form. It was deemed peculiarly proper that the religion of liberty should be upheld by a FREE people.
Had the people, during the Revolution, had a suspicion of any attempt to war against Christianity, that Revolution would have been strangled in its cradle.
At the time of the adoption of the Constitution and the amendments, the universal sentiment was that Christianity should be encouraged, not any one sect [denomination]. Any attempt to level and discard ALL religion would have been viewed with universal indignation. The object was not to substitute Judaism or Mohammedanism, or infidelity, but to prevent rivalry among the [Christian] sects to the exclusion of others.
It [Christianity] must be considered as the foundation on which the whole structure rests. Laws will not have permanence or power without the sanction of religious sentiment, -- without a firm belief that there is a Power above us that will reward our virtues and punish our vices.
In this age there is can be no substitute for Christianity: that, in its general principles, is the great conservative element on which we must rely for the purity and permanence of free institutions. That was the religion of the Founders of the Republic, and they expected it to remain the religion of their descendants. There is a great and very prevalent error on this subject in the opinion that those who organized this Government did not legislate on religion."
This concludes PART I. On our discussion regarding the First Amendment as it pertains to religion.