Expert: Michael Troy - 10/29/2009

Question
Given the state of affairs with religion in the colonies prior to drafting the First Amendment, and historically how church and states interacted before, what do you think would have changed/happened to America if separation of church and state had been omitted form the Bill of Rights?

Answer
At the time very little would have changed.  Many argued the clause was irrelevant because the federal government had only very specific authority to act on matter explicitly listed in the Constitution.  Since there was not authority to act on matters of religion, the Amendment was not needed.  The clause was not applied to State governments until the 20th Century when the Supreme Court decided the due process clause of the 14th Amendment (passed after the Civil War) meant that State governments were restricted by the 1st Amendment.

Some State governments had official religions and support for religious activities in the late 18th and early 19th Centuries, but they phased them out as a matter of policy long before the Courts got involved.

Absent the Amendment today, I imagine public schools would still have prayer and there would be some more money going to religious groups for charitable or educational activities, but by and large the American people oppose close involvement.  Therefore, I suspect even without the Amendment, there would be no official religion in the US.

- Mike