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 garden & the wilderness

Many phrases with which

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll