header-logo header-logo

18 July 2025 / Athelstane Aamodt
Issue: 8125 / Categories: Features , International , Constitutional law , Human rights
printer mail-detail

Separation of church & state

225826
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll