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18 July 2025 / Athelstane Aamodt
Issue: 8125 / Categories: Features , International , Constitutional law , Human rights
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Separation of church & state

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How has a phrase that appears nowhere in the supreme law of the US managed to become part of it? Athelstane Aamodt considers the history

Of all of the phrases connected with the Constitution of the United States, the only phrase more famous than ‘the right of the people to keep and bear Arms’ must be ‘separation of church and state’. It has informed debates about the Establishment Clause found in the First Amendment for years. The American Constitution is also clear that ‘no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States’ (Article VI, Clause 3).

This all seems clear. Religion has no role to play in government in America. However, it becomes rather less clear when you realise that the phrase ‘separation of church and state’ does not appear anywhere in the Constitution at all. How, then, has a phrase that forms no part of the supreme law of the US managed to become part of it?

The

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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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