"...separation of church and state that's nowhere in the Constitution..."

(rep. tom delay in an interview with the washington times)

The reason the judiciary has been able to impose a separation of church and state that's nowhere in the Constitution is that Congress didn't stop them. The reason we had judicial review is because Congress didn't stop them. The reason we had a right to privacy is because Congress didn't stop them.

a little background on the separation of church and state...

The establishment clause of the First Amendment:

The first phrase in the First Amendment states: "Congress shall make no law respecting an establishment of religion..." is called the establishment clause.

The courts have the responsibility to interpret the U.S. Constitution in specific instances. In 1947, the U.S. Supreme Court ruled:

"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever from they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'."

and furthermore...

Thomas Jefferson, as president, wrote a letter to the Danbury Baptist Association of Connecticut on 1802-JAN-1. It contains the first known reference to the "wall of separation". The essay states in part:

"...I contemplate with solemn reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State..."

During the 1810's, President James Madison wrote an essay titled "Monopolies" which also refers to the importance of church-state separation. He stated in part:

"Strongly guarded as is the separation between religion and Government in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies may be illustrated by precedents already furnished in their short history."

the interview concludes...

Mr. Coombs: In today's Republican conference, you're saying they are solidly behind you?

Mr. DeLay: I feel their support. It is absolutely incredibly energizing and confidence-building, and more importantly heartwarming, the expressions of support members have given to me, not just individually but corporately in the conference.

Mr. Coombs: You don't see a lessening of support?

Mr. DeLay: Not at all.

it ain't over 'til, etc., etc...

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