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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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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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