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For all of you conservatives who still use that lame argument that the exact phrase "separation of church and state" must be present in the Constitution in order for the principle in and of itself to exist, I guess at the same token we don't have the "right to a fair trial." Neither do we have the "right to free speech." Oh, and forget about the "right to warranted search and seizures." That said, it simpy DOESN’T MATTER if the EXACT phrase “separation of church and state” appears in the Constitution or not. Separation of church and state is IMPLIED -- and one doesn’t even have to look in the First Amendment for it (I’m not even addressing precedent either here, i.e. Lemon vs. Kurtzman). Please refer to Article VI, Section III of the unamended Constitution: “but no religious test shall ever be required as a qualification to any office or public trust under the United States.” Joseph Story comments:
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